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LAWS  AND  ORDINANCES 

f’  | 

OF  THE 

CITYOF  PEORIA 

ILLINOIS 


REVISED  AND  EDITED  BY 

WILBERT  I.  SLEMMONS,  ISRAEL  C.  PINKNEY 

AND 

DANIEL  F.  RAUM 


AND 

PUBLISHED  BY  AUTHORITY  OF  THE 

CITY  COUNCIL 


PEORIA 

J.  W.  FRANKS  & SONS,  PRINTERS  AND  BINDERS 
1892 


357. 0773 

'p3^cxv 

PREFACE. 


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After  the  adoption  of  “organization  under  general  law” 
at  the  election  in  November,  1891,  in  pursuance  of  the  statute, 
Hon.  Charles  C.  Clarke,  mayor,  appointed  us  “to  prepare  and 
submit  to  the  city  council,  for  their  adoption  or  rejection,  an 
ordinance  in  revision  of  the  ordinances”  of  the  city  of  Peoria. 
This  ordinance  was  prepared,  and,  after  careful  consideration 
in  committee,  was  adopted  by  the  city  council.  Upon  its 
adoption,  this  revision,  together  with  a compilation  of  statutes, 
relating  to  the  government  of  cities,  and  special  ordinances  of 
general  interest,  was  ordered  published  in  book  form. 

The  old  ordinances  were  all  adopted  with  reference  to  a 
special  charter,  and  a revision,  to  conform  to  the  general  law 
and  the  increased  needs  of  the  city,  required  the  making  of  an 
entirely  new  ordinance  in  relation  to  a great  many  of  the  more 
important  features  of  the  city  government.  The  various  sub- 
jects were  assigned,  and  the  work  of  preparing  the  revision 
was  done  separately,  and  the  work  of  each  was  then  criticized 
by  the  other  two.  The  arrangement  of  all  the  matter  was  as- 
signed to  one  person.  It  was  the  original  intention  to  have 
each  section,  as  far  as  possible,  relate  to  a single  matter,  but 
this  plan  was  frequently  departed  from  without  benefit  to  the 
ordinance. 

The  book  contains  such  provisions  of  the  constitution  and 
statutes  of  the  state,  as  relate  to  cities,  the  provisions  of  the 


6 


Preface. 


former  charter  of  the  city  of  Peoria,  relating  to  schools,  etc., 
the  revised  ordinance,  and  certain  special  ordinances  which  it 
was  deemed  advisable  to  print.  The  best  order  of  arrange- 
ment known  to  the  revisers  was  adopted. 

Beginning  with  the  statutes,  the  numbering  of  the  sections 
i$  consecutive.  These  numbers,  in  advance  of  the  catch  words 
of  the  section  are  alone  referred  to  in  the  index.  The  consti- 
tutional provisions  are  referred  to  in  the  index  by  page  and 
are  noted  by  the  letter  “ p.” 

The  original  section  number  of  both  law  and  ordinance, 
follow  a section  mark. 

At  the  commencement  of  each  chapter  and  article,  an 
index  to  the  contents  of  each  has  been  added  and  there  is  an 
index  at  the  end  of  the  volume,  which,  it  is  hoped,  may  afford 
a ready  reference  to  the  provisions  of  statute  and  ordinance. 
The  “three  em  dash  line”  found  in  the  index  is  intended  to 
distinguish  between  statutes  and  ordinances. 

Thanks  are  due  to  the  city  council  and  all  the  officers  for 
the  assistance  they  have  given  the  revisers. 

September  ist.  1892. 


TABLE  OF  CONTENTS. 


VOLUME  I. 


CONSTITUTIONAL  PROVISIONS. 


Article. 

I. 

II 

III. 

IV. 
V. 

VI 

VII 

VIII 

IX. 

X. 

XI. 


Article. 

1. 

2. 
3- 
4 
5- 
6. 

7- 

8. 

9 

10. 

11. 


I. 

STATUTES  RELATING  TO  CITIES. 

Of  the  organization  of  cities. 

Of  the  mayor. 

Of  the  city  council. 

Elections. 

Powers  of  the  city  council. 

Officers  — Powers  and  duties 
Of  finance. 

Of  the  assessment  and  collection  of  taxes. 
Special  assessment  for  local  improvements. 
Miscellaneous  provisions. 

Of  the  organization  of  villages. 

II. 

ADDITIONAL  LAWS. 

Actions  to  recover  penalties. 

Agriculture  — Marketing  products. 

Aliens. 

Animals. 

Annexing  and  excluding  territory 
Bonds,  municipal. 

Bridges  and  ferries. 

Cemeteries. 

Changing  name. 

City  court. 

Drainage  and  sewerage. 


Table  of  Contents. 


Article. 

12. 

Elections. 

13- 

Eminent  domain. 

14 

Evidence. 

15- 

Fire  escapes. 

16. 

Horse  and  dummy  railroads. 

17- 

House  of  correction. 

18. 

Insurance. 

19. 

Landings  and  levees. 

20. 

Libraries,  public. 

21 

Liquor  law. 

22. 

Officers. 

23- 

Oil  inspection. 

24. 

Parks. 

25. 

Plats. 

26. 

Policeman’s  and  fireman’s  funds. 

27 

Public  buildings. 

28. 

Railroads. 

29 

Riot. 

3o- 

Roads  and  bridges. 

3i- 

Sale  of  property. 

32- 

Schools 

33 

Streets. 

34- 

Telegraph  and  telephone  companies. 

35- 

Township  organization. 

36. 

Water  works. 

III. 

PROVISIONS  OF  THE  FORMER  CHARTER  OF  THE  CITY  OF  PEORIA. 

Chaptj  rI  — City  Boundaries. 

Chapter  XIII.—  PublicSchools,  Board  of  School  Inspectors. 

IV. 

GENERAL  ORDINANCES  OF  THE  CITY  OF  PEORIA 


(Passed  April  16th,  and  approved  April  18th,  1892'. 

Chapter. 

I.  The  mayor. 

II.  Legislative  department. 

III.  Department  of  finance. 

IV.  Department  of  public  works. 

V.  Law  department. 


Table  of  Contents. 


9 


Chapter. 

VI.  Department  of  health. 

VII.  Board  of  police  and  fire  commissioners. 

VIII.  The  police  department. 

IX.  Fire  department. 

X.  Inspector  of  steam  boilers,  gas  and  water  meters,  and  weights 

and  measures. 

XI.  Oil  inspector. 

XII.  Department  of  buildings. 

CHAPTER  XIII. 

MISCELLANEOUS. 

Article. 

1.  Amusements. 

2.  Auction  and  auctioneers. 

3.  Barbed  wire  fence. 

4.  Billiard  and  pool  tables  and  ball  alleys. 

5.  Bill  posting. 

6.  Blacksmith  shops. 

7.  Boats. 

8.  Bridges. 

9.  Builders  and  contractors. 

10.  Buildings. 

11.  Butchers. 

12.  Cabs,  hacks,  carts,  express  wagons,  etc. 

13.  City  employes. 

14.  Concealed  weapons. 

15.  Dogs. 

16.  Election,  contest  of,  how  conducted. 

17.  Electric  lights  and  motors. 

18.  Ferries. 

19.  Firearms,  fireworks  and  cannon. 

20.  Flower  pots. 

21.  Gaming. 

22.  Grades. 

23.  Harbor. 

24.  Health. 

25.  Hordes. 

26.  House  movers. 

27.  Itinerant  merchants  and  transient  vendors. 

28.  Library. 

29.  Licenses. 

30.  Markets. 

31.  Misdemeanors. 

32.  Officers. 


10 


Table  of  Contents. 


Article. 

33.  Official  paper,  blanks,  etc. 

34.  Ordinances. 

35.  Parks  and  public  grounds. 

36.  Pawnbrokers  and  loanbrokers  or  keepers  of  loan  offices 

37.  Peddlers. 

38.  Plumbers  and  drain  layers. 

39  Police  magistrate. 

40.  Pool  selling. 

41.  Porters  and  runners. 

42.  Pound. 

43.  Saloons. 

44.  Scavengers. 

45.  Seal. 

46.  Second-hand  dealers  and  keepers  of  junk  shops. 

47.  Sewers  and  drains. 

48.  Sidewalks. 

49.  Slaughter  houses. 

50.  Steam  railroads. 

51.  Streets. 

52.  Street  railroads. 

53.  Telegraph  and  telephone  poles. 

54.  Trees. 

55.  Ward  boundaries. 

56.  Waterworks. 

57.  Wires. 

58.  Effect  of  ordinance. 

SPECIAL  ORDINANCES. 

1.  Central  Railway  Company. 

2.  East  Bluff  Peoria  Horse  Railroad  Company. 

3.  Fort  Clark  Horse  Railway  Company. 

4.  Jenny  Electric  Light  and  Power  Company 

5.  Peoria  Rapid  Transit  Company. 

6.  Postal  Telegraph  and  Cable  Company. 

7.  Water  Works. 


INDEX. 


AN  ORDINANCE  authorizing  and  providing  for  the  publication , in  book 

form , the  Laws  and  Ordinances  of  the  City  of  Peoria  : 

Whereas,  The  City  of  Peoria  heretofore  let  to  the  Transcript  Publish- 
ing Company,  a contract  for  the  publication  in  book  form  of  the  laws  and 
ordinances  of  the  city  of  Peoria,  and  said  Transcript  Publishing  Company 
has  assigned  and  transferred  to  J.  W.  Franks  & Sons,  of  Peoria,  Illinois,  all 
interest  and  right  in  such  contract,  in  which  assignment  and  transfer  the 
City  Council  of  said  city  has  concurred;  now.  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Peoria  : 

Section  i.  That  the  ordinance  passed  by  the  City  Council  on  the  16th 
day  of  April,  a.  d.  1892,  and  approved  by  the  Mayor  on  the  18th  day  of 
April,  a.  d.  1892,  entitled  “An  Ordinance  in  Revision  and  Consolida- 
tion of  the  General  Ordinances  of  the  City  of  Peoria,”  together 
with  the  laws  and  ordinances  compiled  for  publication  by  Wilbert  I.  Slem- 
mons,  Israel  C.  Pinkney  and  Daniel  F.  Raum,  be,  and  the  same  are  hereby 
authorized  and  ordered  printed  and  published  in  book  form  by  J.  W.  Franks 
& Sons,  of  Peoria,  Illinois,  as  the  “ Laws  and  Ordinances  of  the  City 
of  Peoria,  Illinois.” 

Sec.  2.  That  this  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

STATE  OF  ILLINOIS,  ) 

r ss. 

City  and  County  of  Peoria.  ) 

I,  Michael  R.  Fay,  City  Clerk  of  the  City  of  Peoria,  do  hereby 
certify  that  the  above  and  foregoing  is  a true  copy  of  an  ordinance 

entitled  “An  ordinance  authorizing  and 
providing  for  the  publication,  in  book 
form,  the  laws  and  ordinances  of  the  city 
of  Peoria,”  passed  by  the  City  Council 
of  said  city  on  the  6th  day  of  Septem- 
ber, A.  d.  1892,  the  original  ordinance,  of 
which  the  foregoing  is  a copy,  is  by  law 
entrusted  to  my  custody  for  safe  keep- 
ing, and  is  on  file  in  my  office. 

Witness  my  hand  and  the  corporate 
seal  of  said  city,  this  7th  day  of  Septem- 
ber, A.  D.  1892. 


M.  R.  FAY,  City  Clerk. 


FORMER 

Tow/*  CiTy  Officers. 


TRUSTEES. 

Catalogue  of  the  Trustees  of  the  Town  of  Peoria,  arid  of 
the  Mayors  and  Aldermen  of  the  City  of  Peoria,  from 
the  organization  of  the  Town,  in  1835,  to  1892,  inclu- 
sive. 

i835~6.  Rudolphus  Rouse,  President;  Chester  Hamlin,  R. 
Burlingame,  Charles  W.  McClallen,  Cyrus  Leland. 

1836- 7.  George  B.  Parker,  President;  Thomas  Phillips, 

Chester  Hamlin,  Henry  W.  Cleveland,  J.  D.  She- 
walter. 

1837- 8.  Rudolphus  Rouse,  President;  J.  C.  Armstrong,  J. 

C.  Caldwell,  Thos.  J.  Hurd,  Samuel  H.  McCrory,  S. 
S.  Veacock,  A.  O.  Garrett,  Cyrus  Leland,  William 
Frisby,  Chas.  W.  McClallen.* 

1838- 9.  Rudolphus  Rouse,  President;  J.  C.  Armstrong, 

Cyrus  Leland,  A.  O.  Garrett,  George  B.  Parker,  A. 
G.  Curtenius,  J.  McClay  Smith,  N.  H.  Purple,  J.  H. 
Work. 

1839- 40.  Rudolphus  Rouse,  President;  George  B.  Parker, 

M.  Pettengill,  James  Mossman,  George  T.  Metcalfe, 
A.  Meyer,  J.  McClay  Smith,  George  C.  Bestor,  A.  O. 
Garrett,  Daniel  Bristol.* 

. *Elected  to  fill  vacancy. 


2 


Former  Town  and  City  Officers. 


1840- 41.  Rudolphus  Rouse,  President;  A.  P.  Bartlett, 

Daniel  Bristol,  Wm.  M.  Dodge,  Chas.  W.  McClallen, 
Benjamin  White,  Isaac  Underhill,  George  W.  Reed, 
George  T.  Metcalfe. 

1841- 2.  Peter  Sweat,  President;  R.  Rouse,  J.  C.  Heyl, 

Chester  Hamlin,  Aquilla  Wren,  Jacob  Gale,  Isaac 
Underhill,  A.  P.  Bartlett,  Isaac  Evans,  N.  H.  Purple,* 
William  B.  Farrell,*  A.  O.  Garrett,*  Lewis  Howell,* 
John  Hamlin.* 

1842- 3.  Lewis  Howell,  President;  George  T.  Metcalfe,  H. 

B.  Stillman,  J.  W.  Caldwell,  Daniel  Bristol,  W.  E. 
Mason,  L.  O.  Hulbert,  George  W.  Reed,  A.  P.  Bart- 
lett, John  Hamlin,*  Wm.  M.  Dodge.* 

1843- 4.  John  King,  President;  H.  B.  Stillman,  Wm.  M. 

Dodge,  Wm.  E.  Mason,  George  W-.  Reed,  E.  N. 
Powell,  L.  Howell,  L.  O.  Hulbert,  C.  T.  Stearns. 

1844- 5.  Halsey  O.  Merriman,  President;  Wm.  M.  Dodge, 

Chas.  T.  Stearns,  Charles  Cox,  Geo.  W.  Reed,  Sam’l 
B.  King,  John  Rankin,  Benj.  White,  P.J.  Mosher. 


CITY  COUNCIL. 

1845.  Mayo r — William  Hale.  Aldermen — Jesse  L. 

Knowlton,  Peter  Sweat,  Chas.  Kettelle,  C.  Cleveland, 
Chester  Hamlin,  John  Hamlin,  Hervey  Lightner,  A.  P. 
Bartlett. 

1846.  Mayor — Chas.  T.  Stearns.  Aldermen — John  Ham- 
lin, C.  Kettelle,  Jesse  L.  Knowlton,  A.  P.  Bartlett,  C. 
W.  McClallen,  Geo.  W.  Reed,  Wm.  M.  Dodge,  Lewis 
Howell. 


*Elected  to  fill  vacancy. 


Former  Town  and  City  Officers.  3 

1847.  Mayor — William  Mitchell.  Aldermen — C.  W. 
McClallen,  Geo.  W.  Reed,  Wm.  M.  Dodge,  Lewis 
Howell,  Wm.  Tobey,  Jos.  C.  Fry,  H.  Lightner, 
Dennis  Blakeley. 

1848.  Mayor — William  Mitchell.  Aldermen  — Dennis 
Blakeley,  J.  C.  Fry,  Hervey  Lightner,  P.  J.  Mosher, 
John  Rankin,  F.  Voris,  Wm.  Tobey,  John  Waugh. 

1849.  Mayor — Jacob  Gale.  Aldermen — 1st  Ward,  Philip 
J.  Mosher,  John  Yontz;  2d,  Joseph  P.  Dennis,  Francis 
Voris;  3d,  John  Waugh,  Hugh  J.  Sweeney;  4th,  John 
Rankin,  Clark  Cleveland. 

1850.  Mayor — Dennis  Blakeley.  Aldermen — 1st  Ward, 
Frederick  Miller,  George  W.  Fridley*;  2d,  Joseph  P. 
Dennis,  Lyman  J.  Loomis;  3d,  Hugh  J.  Sweeney, 
Christopher  Sammis;  4th,  Thomas  Dolan,  Clark 
Cleveland. 

1851.  Mayor — George  C.  Bestor.  Aldermen — 1st  Ward, 
Frederick  Miller,  Frederick  Bohl,  Ezekiel  Boyden*; 
2d,  Lyman  J.  Loomis,  Peter  S.  Shelly;  3d,  Christo- 
pher Sammis,  John  Waugh;  4th,  Thomas  Dolan, 
Presley  M.  Comegys. 

1852.  Mayor — Jonathan  K.  Cooper.  Aldermen — 1st 
Ward,  Ezekiel  Boyden,  John  B.  Warner,  Charles 
Ballance*;  2d,  Peter  S.  Shelly,  Thos.  J.  Pickett;  3d, 
John  Waugh,  John  Reynolds;  4th,  Presley  M.  Com- 
egys,  Thomas  L.  Davis. 

1853.  Mayor — George  C.  Bestor.  Aldermen — 1st  Ward, 
John  B.  Warner,  John  D.  Arnold;  2d,  Thomas  J. 
Pickett,  William  R.  Hamilton;  3d,  John  Waugh,  John 
Reynolds;  4th,  Thomas  L.  Davis,  George  A.  Bese- 
man. 


*Elected  to  fill  vacancy. 


4 


Former  Town  and  City  Officers. 


1854.  Mayor — George  C.  Bestor.  Aldermen — 1st  Ward, 
John  D.  Arnold,  William  C.  Boilvin;  2d,  William  R. 
Hamilton,  Peter  R.  K.  Brotherson;  3d,  John  Waugh, 
John  Hamlin;  4th,  George  A.  Beseman,  Gardiner  T. 
Barker. 

1855.  Mayor — Charles  Ballance.  Aldermen — 1st  Ward, 
William  C.  Boilvin,  Tillman  Wagener,  James  H.  Mc- 
Call*; 2d,  Peter  R.  K.  Brotherson,  Andrew  J. 
Hodges;  3d,  John  Hamlin,  John  W.  Hansel;  4th,  John 
Ramsey,  Gardiner  T.  Barker. 

1856.  Mayor — Gardiner  T.  Barker.  Aldermen — 1st 

Ward,  James  H.  McCall,  George  C.  McFadden;  2d, 
Andrew  J.  Hodges,  William  R.  Hamilton;  3d,  John 
W.  Hansel,  John  T.  Lindsay;  4th,  Horace  G.  Ander- 
son, John  Ramsey;  5th,  Tobias  S.  Bradey,  John  C. 
Fanagan. 

1857.  Mayor — Gardiner  T.  Barker.  Aldermen — 1st 

Ward,  James  H.  McCall,  George  C.  McFadden;  2d, 
William  R.  Hamilton,  Thomas  S.  Dobbins;  3d,  John 
T.  Lindsay,  John  Waugh;  4th,  Horace  G.  Anderson, 
John  Schwab;  5th,  Tobias  S.  Bradey,  John  C.  Flan- 
agan. 

1858.  Mayor — William  R.  Hamilton.  Aldermen — 1st 
Ward,  Julius  G.  Lueder,  James  H.  McCall;  2d,  Will- 
iam Rounseville,  Thomas  S.  Dobbins;  3d,  William  A. 
Herron,  John  Waugh;  4th,  Thomas  L.  Davis,  John 
Schwab;  5th,  John  C.  Proctor,  John  C.  Fanagan. 

1859.  Mayor — William  R.  Hamilton.  Aldermen — 1st 

Ward,  Roger  J.  Brass,  Julius  G.  Lueder;  2d,  Ephriam 
Morrison,  William  Rounseville,  Stark  R.  Reed*;  3d, 
Valentine  Dewein,  William  A.  Herron;  4th,  Barrett 


*Elected  to  fill  vacancy. 


Former  Town  and  City  Officers.  5 

White,  Thomas  L.  Davis;  5th,  Caleb  Whittemore, 
John  C.  Proctor. 

1860.  Mayor — John  D.  Arnold.  Aldermen — 1st  Ward, 
Julius  G.  Lueder,  Roger  J.  Brass,  Godfrey  Gold- 
beck*;  2d,  Samuel  Tart,  Ephriam  Morrison;  3d, 
Orson  C.  Parmely,  Valentine  Dewein;  4th,  John  Elt- 
ing,  Barrett  White;  5th,  Albert  Potthoff,  Caleb 
Whittemore,  William  R.  Bush.* 

1861.  Mayor — William  A. Willard.  Aldermen—  1st  Ward, 
Michael  B.  Loughlin,  Julius  G.  Lueder,  Philip  Roh- 
mann*;  2d,  Matthew  W.  McReynolds,  Samuel  Tart; 
3d,  David  McKinney,  Orson  C.  Parmely;  4th,  Barrett 
White,  John  Elting,  Gardiner  T.  Barker*;  5th,  Miles 
Bosworth,  Albert  Potthoff;  6th,  Henry  Kruse,  Patrick 
W.  Dunne. 

1862.  Mayor — Gardiner  T.  Barker.  Aldermen — istWard, 
James  D.  Burr,  Michael  B.  Loughlin;  2d,  William  C. 
Henry,  Matthew  W.  McReynolds;  3d,  David  D. 
Snyder,  David  McKinney,  Nathaniel  Huggins*;  4th, 
John  Waugh,  Barrett  White;  5th,  Isaac  Underhill, 
Miles  Bosworth;  6th,  Patrick  W.  Dunne,  Henry 
Kruse. 

1863.  Mayor — Matthew  W.  McReynolds.  Aldermen — 
1st  Ward,  John  H.  Francis,  James  D.  Burr;  2d,  Peter 
R.  K.  Brotherson,  William  C.  Henry;  3d,  Patrick 
Ward,  Nathaniel  Huggins;  4th,  Frederick  Bohl,  John 
Waugh;  5th,  Ransom  E.  Hickey,  Isaac  Underhill; 
6ch,  Henry  Kruse,  Patrick  W.  Dunne. 

1864.  JMayor — Jacob  Gale.  Aldermen — 1st  Ward,  Mich- 
ael B.  Loughlin,  John  H.  Francis;  2d,  John  Durham, 
Peter  R.  K.  Brotherson,  3d,  Hervey  Lightner,  Pat- 


*Elected  to  fill  vacancy. 


6 Former  Town  and  City  Officers. 

rick  Ward;  4th,  Barrett  White,  Frederick  Bohl;  5th, 
Isaac  Underhill,  Ransom  E.  Hickey;  6th,  Charles 
Raymond,  Henry  Kruse. 

1865.  Mayor — Henry  T.  Baldwin.  Aldermen — 1st  Ward, 
John  H.  Francis,  Michael  B.  Loughlin;  2d,  Larkin  B. 
Day,  John  Durham;  3d,  William  A.  Herron,  Hervey 
Lightner;  4th,  Frederick  Bohl,  Barrett  White;  5th, 
Horace  G.  Anderson,  Isaac  Underhill;  6th,  Oliver  W. 
Campbell,  Charles  Raymond. 

1866.  Mayor — Henry  T.  Baldwin.  Aldermen — 1st  Ward, 
Michael  B.  Loughlin,  John  H.  Francis;  2d,  Charles 
Breier,  Larkin  B.  Day,  Andrew  Doyle*;  3d,  Addison 
S.  Norton,  William  A.  Herron;  4th,  John  Waugh, 
Barret  White;  5th,  Harrison  Smith,  Horace  G.  Ander- 
son; 6th,  Charles  Raymond,  Oliver  W.  Campbell, 
John  C.  Eichhorn.* 

1867.  Mayor — Philip  Bender.  Aldermen— i&t  Ward,  John 
H.  Francis,  Michael  B.  Loughlin ; 2d,  James  T.  Rogers, 
Charles  Breier;  3d,  Richard  A.  Culter,  Addison  S. 
Norton;  4th,  Gardiner  T.  Barker,  John  Waugh;  5th, 
Enoch  Emery,  Harrison  Smith;  6th,  John  C.  Eichhorn, 
Charles  Raymond. 

1868.  Mayor — Peter  R.  K.  Brotherson.  Aldermen — rst 
Ward,  Michael  C.  Quinn,  John  H.  Francis;  2d,  Samuel 
A.  Kinsey,  James  T.  Rogers;  3d,  Larkin  B.  Day, 
Richard  A.  Culter;  4th,  John  Dolan,  Gardiner  T. 
Barker;  5th,  Frank  Field,  Enoch  Emery;  6th,  Isaac 
Lamplugh,  John  C.  Eichhorn. 

1869.  Mayor — Peter  R.  K.  Brotherson.  Aldermen — 1st 
Ward,  Michael  C.  Quinn,  John  H.  Francis;  John  Ryan*; 
2d,  Samuel  A.  Kinsey,  James  T.  Rogers;  3d,  Larkin 


*Elected  to  fill  vacancy. 


Former  Town  and  City  Officers.  7 

B.  Day,  Richard  A.  Culter;  4th,  Gardiner  T.  Barker, 
• John  Dolan;  5th,  Frank  Field,  Enoch  Emery;  6th,  Isaac 

Lamplugh,  John  C.  Eichhorn. 

1870.  Mayor — Gardiner  T.  Barker.  Aldermen--  1st 

Ward,  James  D.  Burr,  John  Ryan;  2d,  Henry  N. 
Frederick,  Samuel  A.  Kinsey;  3d,  Ralph  Phillips, 
Larkin  B.  Day;  4th,  Emil  Huber;  John  Dolan;  5th, 
William  T.  Hanna,  Frank  Field;  6th,  Daniel  Costello, 
Isaac  Lamplugh;  7th,  William  R.  Bush,  John  H.  Hall. 

1871.  Mayor — Gardiner  T.  Barker.  Aldermen — 1st 

Ward,  James  D.  Burr,  John  Ryan;  2d,  C.  W.  Rees, 
Henry  N.  Frederick;  3d,  Larkin  B.  Day,  Ralph  Phil- 
lips; 4th,  Emil  Huber,  John  Dolan;  5th,  Louis  Furst, 
William  T.  Hanna;  6th,  William  McLean,  Daniel  Cos- 
tello; 7th,  W.  B.  Chapman,  W.  R.  Bush. 

1872.  Mayor — Peter  R.  K.  Brotherson.  Aldermen — 1st 
Ward,  Carl  J.  Speck,  John  Ryan;  2d,  James  D.  Burr, 

C.  W.  Rees;  3d,  Gilman  W.  Avery,  Larkin  B.  Day; 
4th,  Emil  Huber,  John  Dolan;  5th,  Enoch  Emery, 
Louis  Furst;  6th,  William  McLean,  Joseph  Redmon; 
7th,  W.  B.  Chapman,  William.  H.  Davis. 

1873.  Mayor — Peter  R.  K.  Brotherson.  Aldermen — 1st 
Ward,  John  Shields,  Carl  J.  Speck;  2d,  Joel  Blakes- 
ley,  James  D.  Burr;  3d,  Robert  C.  Grier,  Gilman  W. 
Avery;  4th,  John  Waugh,  Emil  Huber,  Barrett 
White*;  5th,  Frank  Field,  Enoch  Emery;  6th,  William 
McLean,  Joseph  Redmon;  7th,  W.  B.  Harris,  W.  H. 
Davis. 

1874.  Mayor — John  Warner.  Aldermen — 1st  Ward,  Pat- 
rick W.  Dunne,  John  Shields;  2d,  Matthew  Henebery, 
Joel  Blakesley ; 3d,  J.  C.  Lindsay,*  R.  C.  Grier,  H. 


*Elected  to  fill  vacancy. 


8 


Former  Town  and  City  Officers. 


Schwabacher;  4th,  Barrett  White,  John  Waugh;  5th 
Enoch  Emery,  Frank  Field;  6th,  Phillip  Kammerer, 
William  McLean;  7th,  Charles  H.  Kellogg,  W.  B. 
Harris. 

1875.  Mayor — John  Warner.  Aldermen — 1st  Ward,  F.  C. 
Carroll,  Patrick  W.  Dunne;  2d,  Charles  Moore,  Mat- 
thew Henebery;  3d,  Arthur  T.  Birket,  H.  Schwa- 
bacher; 4th,  Geo.  F.  Weber,  Barret  White;  5th,  Gustav 
E.  Harsch,  Enoch  Emery;  6th,  W.  A.  Callender, 
Phillip  Kammerer;  7th,  John  B.  Smith,  Charles  H. 
Kellogg. 

1876.  Mayor  — Leslie  Robison.  Aldermen — 1st  Ward, 
Claas  J.  Johnson,  F.  C.  Carroll,  George  Pfeiffer*;  2d, 
John  P.  Cress,  Charles  Moore;  3d,  Thomas  J.  Kelly, 
Arthur  T.  Birket,  Fred.  Bohl*;  4th,  John  Dolan, 
George  F.  Weber;  5th,  Enoch  Emery,  Gustav  E. 
Harsch;  6th,  Phillip  Kammerer,  W.  A.  Callender, 
George  Killeen*;  7th,  Charles  H.  Kellogg,  John  B. 
Smith;  8th,  M.  V.  B.  Cumerford,  Arthur  T.  Birket; 
9th,  William  McLean,  W.  A.  Callender. 

1877.  Mayor — Leslie  Robison.  Aldermen — 1st  Ward, 
Charles  Ballance,  Claas  J.  Johnson ; 2d,  John  P.  Cress, 
Enoch  Emery;  3d,  John  M.  Simpson,  Thomas  J.  Kelly; 
4th,  Geo.  F.  Weber,  John  Dolan;  5th,  Enoch  P.  Sloan, 
Larkin  B.  Day*;  6th,  Peter  Carty,  Phillip  Kammerer; 
7th,  John  B.  Smith,  Charles  H.  Kellogg;  8th,  Harvey 
B.  Gibson,  M.  V.  B.  Cumerford;  9th,  William  Murphy, 
William  McLean. 

1878.  Mayor — John  Warner.  Aldermen — 1st  Ward,  Joseph 
Herwig,  Charles  Ballance;  2d,  Gustav  E.  Harsch,  Sam- 
uel A.  Kinsey;  3d,  Thomas  J.  Kelly,  John  M.  Simpson ; 
4th,  Nicholas  Bergan,  George  F.  Weber;  5th,  Larkin 


^Elected  to  fill  vacancy. 


Former  Town  and  City  Officers. 


9 


B.  Day,  Enoch  P.  Sloan;  6th,  Adelbert  M.  Studer, 
Peter  Carty;  7th,  H.  G.  Anderson,  John  B.  Smith;  8th, 
Daniel  Rowan,  Harvey  B.  Gibson;  9th,  John  Biggins, 
William  Murphy. 


1879.  Mayor — John  Warner.  Aldermen — 1st  Ward, 

Stacy  B.  Hart,  Joseph  Herwig;  2d,  John  F.  King, 
Samuel  A.  Kinsey;  3d,  James  C.  Dolan,  Thomas  J. 
Kelly;  4th,  H.  Fellrath,  Nicholas  Bergan;  5th,  Larkin 
B.  Day,  Enoch  P.  Sloan;  6th,  A.  H.  Barnewolt,  Adel- 
bert M.  Studer;  7th,  Delos  S.  Brown,  Austin  F.  John- 
son; 8th,  Harvey  B.  Gibson,  Daniel  Rowan;  9th, 
William  McLean,  John  Biggins. 


1880.  Mayor — John  Warner.  Aldermen — 1st  Ward,  Joseph 
Herwig,  Stacy  B.  Hart;  2d,  John  G.  Higgins,  John 
F.  King;  3d,  Thomas  J.  Kelly,  Wm.  Oberhauser*, 
James  C.  Dolan;  4th,  Nicholas  Bergan,  H.  Fellrath; 
5th,  Larkin  B.  Day,  Enoch  P.  Sloan;  6th,  Adelbert 
M.  Studer,  A.  H.  Barnewolt;  7th,  Charles  D.  Clark, 
Delos  S.  Brown;  8th,  Daniel  Rowan,  Harvey  B.  Gib- 
son; 9th,  John  Biggins,  Wm.  McLean. 

1881.  Mayor — John  Warner.  Aldermen — 1st  Ward, 

George  Pfeiffer  Jr.,  Joseph  Herwig;  2d,  John  F.  King, 
John  G.  Higgins;  3d,  James  C.  Dolan,  Wm.  Ober- 

hauser;  4th,  Samuel  Woolner,  Nicholas  Bergan;  5th, 
Samuel  A.  Kinsey,  Larkin  B.  Day;  6th,  James  Mil- 
lard, Adelbert  M.  Studer;  7th,  Delos  S.  Brown,  Chas. 
D.  Clark;  8th,  Henry  B.  Morgan,  Daniel  Rowan;  9th, 
Wm.  McLean,  John  Biggins. 

1882.  Mayor — Frank  Hitchcock.  Alder7ne7i — 1st  Ward, 
Michael  Pfeifer,  George  Pfeiffer,  Jr.;  2d,  John  G.  Hig- 
gins,JohnF.  King;  3d,  Charles  Ballance,  James  C. 


^Elected  to  fill  vacancy. 


io  Former  Town  and  City  Officers. 

Dolan;  4th,  Charles  Jaus,  Samuel  Woolner;  5th,  Lar- 
kin B.  Day,  Samuel  A.  Kinsey,  Joseph  Elder*;  6th, 
Peter  Lulay,  James  Millard;  7th,  Austin  F.  Johnson, 
Delos  S.  Brown;  8th,  Arthur  T.  Birket,  Henry  B. 
Morgan;  9th,  Louis  Miller,  William  McLean. 

1883.  Mayor — Frank  Hitchcock.  Aldermen — 1st  Ward, 
George  Pfeiffer,  Jr.,  Michael  Pfeifer;  2d,  John  G. 
Higgins,  E.  M.  Dever;  3d,  James  C.  Dolan,  Charles 
Ballance;  4th,  Frank  McLoughlin,  Charles  Jaus;  5th, 
William  J.  Dobbins,  Joseph  Elder;  6th,  James  E.  Kear- 
ney, Peter  Lulay;  7th,  A.  F.  Miller,  Austin  F.  Johnson; 
8th,  Christian  Klingel,  Arthur  T.  Birket; 9th,  William 
McLean,  Louis  Miller. 

1884.  Mayor  — John  Warner.  Aldermen — 1st  Ward, 
Michael  Pfeifer,  George  Pfeiffer;  2d,  Thomas  R. 
Daniels,  E.  M.  Dever,  Henry  N.  Frederick* ; 3d,  Charles 
Ballance,  James  C.  Dolan;  4th,  Charles  Jaus,  Frank 
McLoughlin;  5th,  Joseph  Elder,  William  J.  Dobbins; 
6th,  John  A.  Arnold,  James  E.  Kearney;  7th,  Edward 
S.  Easton,  Alexander  F.  Miller;  8th,  Henry  B.  Morgan, 
Christian  Klingel;  9th,  John  Finley,  William  McLean. 

1885.  Mayor — John  Warner.  Aldermen — 1st  Ward 

George  Harre,  Michael  Pfeifer;  2d,  Henry  N.  Fred- 
erick, Thomas  R.  Daniels;  3d,  James  C.  Dolan,  Charles 
Ballance;  4th,  John  White,  Charles  Jaus;  5th,  R.  B. 
Collins,  Joseph  Elder;  6th,  James  E.  Kearney,  John  A. 
Arnold;  7th,  E.  A.  Casey;  Edward  S.  Easton;  8th, 
Christian  Klingel,  Henry  B.  Morgan;  9th,  John  W. 
Brauer,  John  Finley. 

1886.  Mayor — Samuel  A.  Kinsey.  Aldermen — 1st  Ward, 
George  Harre,  Thomas  Gorman ; 2d,  Henry  N.  Freder- 
ick, John  F.  King;  3d,  James  C.  Dolan,  Charles  Bal- 
lance; 4th,  John  White,  William  O.  Clark,  5th,  R.  B. 


*Elected  to  fill  vacancy. 


Former  Town  and  City  Officers. 


ii 


Collins,  Joseph  Elder;  6th,  James  E.  Kearney,  Henry 
Krieger;  7th,  E.  A.  Casey,  Edward  S.  Easton;  8th, 
Christian  Klingel,  Thomas  Fallon;  9th,  John  W. 
Brauer,  John  Finley. 

1887.  Mayor — Samuel  A.  Kinsey.  Aldermen — 1st  Ward, 
Thomas  Gorman,  C.  H.  Tammen;  2d,  M.  E.  Bergan, 
John  F.  King;  3d,  James  C.  Dolan,  Charles  Ballance; 
4th,  William  O.  Clark,  John  White;  5th,  Joseph  Elder, 
Samuel  Woolner;  6th,  James  E.  Kearney,  Henry 
Krieger;  7th,  E.  A.  Casey,  Edward  S.  Easton;  8th 
Thomas  Fallon,  Joseph  Jeffries;  9th,  John  Finley,  A. 
Reinhardt. 

1888.  Mayor — John  Warner.  Aldermen — 1st  Ward,  C. 
H.  Tammen,  Frank  O’Rourke;  2d,  M.  E.  Bergan, 
Luke  Sweetser;  3d,  James  C.  Dolan,  A.  J.  Gerstel; 
4th,  John  White,  F.  Fletemeyer;  5th,  Samuel  Wool- 
ner, Jeseph  Elder;  6th,  James  E.  Kearney,  B.  Botzen- 
hardt;  7th,  E.  A.  Casey,  Edward  S.  Easton;  8th,  Jos. 
Jeffries,  J.  W.  White;  9th,  A.  Reinhardt,  William  Mc- 
Lean. 

1889.  Mayor — John  Warner.  Aldermen — 1st  Ward, 

Frank  O’Rourke,  William  Bittel;  2d,  Luke  Sweetser, 
M.  E.  Bergan;  3d,  A.  J.  Gerstel,  James  C.  Dolan;  4th, 
F.  Fletemeyer,  John  White;  5th,  Joseph  Elder,  Sam- 
uel Woolner;  6th,  B.  B.otzenhardt,  James  E.  Kearney; 
7th,  Edward  S.  Easton,  P.  B.  Miles  ; 8th,  J.  W. 
White,  Thomas  Fallon  ; 9th,  William  McLean,  A. 
Reinhardt. 

1890.  Mayor — Charles  C.  Clarke.  Aldermen — 1st 

Ward,  William  Bittel,  James  Fitzgerald;  2d,  M.  E. 
Bergan,  William  P.  Gauss;  3d,  James  C.  Dolan,  A.  J. 
Gerstel;  4th,  John  White,  Thomas  Hayden;  5th,  Sam- 
uel Woolner,  Norris  Pitt;  6th,  James  E.  Kearney, 
Peter  Werner;  7th,  P.  B.  Miles,  J.  H.  Francis;  8th, 
Thomas  Fallon,  L.  H.  Wiley  ; 9th,  A.  Reinhardt, 
John  Finley. 


12 


Former  Town  and  City  Officers. 


1891.  Mayor — Charles  C.  Clarke.  Aldermen — istWard, 
Jacob  Ziegle,  James  Fitzgerald;  2d,  William  M. 
Allen,  William  P.  Gauss;  3d,  Edward  A.  Ossenbeck, 
Joseph  R.  White;  4th,  John  White,  Thomas  Hayden; 
5th,  Samuel  Woolner,  Norris  Pitt;  6th,  James  E. 
Kearney,  Peter  Werner;  7th,  P.  B.  Miles,  John  H. 
Francis;  8th,  William  H.  Eastman,  L.  H.  Wiley;  9th, 
W.  L.  Slagle,  John  Finley. 

1892.  Mayor — Charles  C.  Clarke.  Aldermen — istWard, 
James  Fitzgerald,  Jacob  Ziegle;  2d,  William  M.  Allen, 
William  P.  Gauss;  3d, Joseph  R.  White,  Edward  Ossen- 
beck; 4th,  John  White,  Thomas  P.  Hayden;  5th,  Sam- 
uel Woolner,  Norris  Pitt;  6th,  James  E.  Kearney, 
Peter  Werner;  7th,  P.  B.  Miles,  John  H.  Francis;  8th, 
L.  H.  Wiley,  Wm.  H.  Eastman;  9th,  John  Finley,  W. 
L.  Slagle. 


THE  PRESENT  OFFICERS 


OF  THE 

ClTy  OF  Peo RI& 


Mayor— JOHN  WARNER. 

City  Clerk— MICHAEL  R.  FAY. 


Members  of  the  City  Council. 

Aldermen — First  Ward: 

Edward  A.  Ossenbeck  and  John  W.  White. 

Second  Ward: 

Charles  J.  Off  and  John  W.  Rowcliff. 

Third  Ward: 

William  M.  Lyons  and  John  P.  Baumbach. 
Fourth  Ward: 

William  M.  Allen  and  William  Bittel. 
Fifth  Ward: 

Luke  Sweetser  and  Edward  S.  Easton. 

Sixth  Ward: 

Franklin  Dudley  and  Frank  O’Rourke. 

Seventh  Ward: 

William  L.  Slagle  and  John  J.  McDonald. 


City  Treasurer 

City  Attorney 

Police  Magistrate 

Comptroller 

Commissioner  of  Public  Works  . 

City  Engineer  

Superintendent  of  Streets  . . . 

Health  Commissioner 

Superintendent  of  Buildings  . . 

Police  and  Fire  Commissioner  . 

Superintendent  of  Police  . . . . 

Captain  of  Police 

Sergeant  of  Police 

Police  Matron 

Fire  Marshal 

Assistant  Fire  Marshal 

Electrician 

Oil  Inspector 

Boiler  Inspector 

Food  Inspector  

Market  Master 


. . . Henry  Detweiller 
. . John  W.  Culbertson 
. . Duncan  H.  McPhail 
. . . Norman  K.  Smith 
. . . George  A.  Ditewig 
. . George  F.  Wightman 

John  Gorman 

. . . George  A.  Wilson 
. . Alexander  F.  Miller 
f John  L.  Flynn 
\ Charles  M.  Salzenstein 
....  Thomas  Hayden 

John  Arnold 

....  Charles  P.  Sloan 
. Mrs.  Emma  P.  Wonder 

Karl  Moeller 

......  James  Smith 

O.  H.  Norton 

. . . Peter  F.  Harmon 

. . . Michael  Manning 

Jacob  Hecht 

. . Thomas  O’Brien 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  II. 

BILL  OF  RIGHTS. 

Section  7.  Bailable  Offenses.]  All  persons  shall  be  bail- 
able by  sufficient  sureties,  except  for  capital  offenses,  where 
the  proof  is  evident  or  the  presumption  great;  and  the  privi- 
lege or  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

§ 8.  Arrest  and  Detention.]  No  person  shall  be  held  to 
answer  for  a criminal  offense,  unless  on  indictment  of  a grand 
jury,  except  in  cases  in  which  the  punishment  is  by  fine,  or 
imprisonment  otherwise  than  in  the  penitentiary,  in  cases  of 
impeachment,  and  in  cases  arising  in  the  army  and  navy,  or  in 
the  militia,  when  in  actual  service  in  time  of  war  or  public 
danger:  Provided , that  the  grand  jury  may  be  abolished  by 
law  in  all  cases. 

§ ii.  Grade  of  Penalty.]  All  penalties  shall  be  propor- 
tioned to  the  nature  of  the  offense,  and  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of  estate;  nor  shall  any  person 
be  transported  out  of  the  state  for  any  offense  committed  within 
the  same. 


1 6 


Constitutional  Provisions. 


§ 13.  Eminent  Domain.]  Private  property  shall  not  be 
taken  or  damaged  for  public  use  without  just  compensation. 
Such  compensation,  when  not  made  by  the  state,  shall  be  ascer- 
tained by  a jury,  as  shall  be  prescribed  by  law.  The  fee  of  land 
taken  for  railroad  tracks,  without  consent  of  the  owners  thereof, 
shall  remain  in  such  owners,  subject  to  the  use  for  which  it  is 
taken. 

§ 17.  Public  Assembly,]  The  people  have  the  right  to 
assemble  in  a peaceable  manner  to  consult  for  the  common 
good,  to  make  known  their  opinions  to  their  representatives, 
and  to  apply  for  redress  of  grievances. 

ARTICLE  IV. 

§ 4.  Disqualification  for  Office.]  No  person  who  has 
been,  or  hereafter  shall  be,  convicted  of  bribery,  perjury,  or 
other  infamous  crime,  nor  any  person  who  has  been  or  may  be 
a collector  or  holder  of  public  moneys,  who  shall  not  have 
accounted  for  and  paid  over,  according  to  law,  all  such  moneys 
due  from  him,  shall  be  eligible  to  the  general  assembly,  or  to 
any  office  of  profit  or  trust  in  this  state. 

§ 20.  State  Aid  Prohibited.]  The  state  shall  never  pay, 
assume  or  become  responsible  for  the  debts  or  liabilities  of,  or 
in  any  manner  give  loan  or  extend  its  credit  to  or  in  aid  of  any 
public  or  other  corporation,  association  or  individual. 

§ 22.  Special  Legislation  Prohibited.]  The  general  as- 
sembly shall  not  pass  local  or  special  laws  in  any  of  the  follow- 
ing enumerated  cases,  that  is  to  snv  : for — 

* # * * * 

Changing  the  names  of  persons  or  places; 

Laying  out,  opening,  altering  and  working  roads  or  high- 
ways; 

Vacating  roads,  town  plats,  streets,  alleys  and  public 
grounds; 


Legislative  Department. 


i7 


Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  police  magistrates  and  constables; 

* * * * * 

Incorporating  cities,  towns  or  villages,  or  changing  or 
amending  the  charter  of  any  town,  city  or  village; 

Providing  for  the  election  of  members  of  the  board  of  super- 
visors in  townships,  incorporated  towns  or  cities; 

❖ * * * ^ 

Providing  for  the  management  of  common  schools; 

* * * * * 

The  opening  and  conducting  of  any  election,  or  designating 
the  place  of  voting; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing  or  decreasing  fees,  percentage  or  al- 
lowances of  public  officers,  during  the  term  for  which  said 
officers  are  elected  or  appointed; 

Granting  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroad  tracks,  or  amending  existing  char- 
ters for  such  purpose; 

Granting  to  any  corporation,  association  or  individual  any 
special  or  exclusive  privilege,  immunity  or  franchise  what 
ever; 

In  all  other  cases  where  a general  law  can  be  made  appli- 
cable, no  special  law  shall  be  enacted. 

§ 23.  Release  of  Obligation  Prohibited.]  The  general 
assembly  shall  have  no  power  to  release  or  extinguish,  in 
whole  or  in  part,  the  indebtedness,  liability  or  obligation  of 
any  corporation  or  individual  to  this  state  or  to  any  municipal 
corporation  therein. 


i8 


Constitutional  Provisions. 


§ 28.  Officer — Term.]  No  law  shall  be  passed  which 
shall  operate  to  extend  the  term  of  any  public  officer  after  his 
election  or  appointment. 

§ 31.  Drainage.]  The  general  assembly  may  pass  laws 
permitting  the  owners  of  lands  to  construct  drains,  ditches  and 
levees  for  agricultural,  sanitary  or  mining  purposes,  across  the 
lands  of  others,  and  provide  for  the  organization  of  drainage 
districts  and  vest  the  corporate  authorities  thereof,  with  power 
to  construct  and  maintain  levees,  drains  and  ditches,  and  to 
keep  in  repair  all  drains,  ditches  and  levees  heretofore  con- 
structed under  the  laws  of  this  state,  by  special  assessments 
upon  the  property  benefited  thereby.  [This  section  was  sub- 
mitted to  the  voters  at  the  election  in  November,  1878,  as  an 
amendment,  was  adopted,  and  became  a part  of  the  constitu- 
tion. | 

ARTICLE  V. 

§ 25.  Oath  of  Office.]  All-civil  officers,  except  members 
of  the  general  assembly  and  such  inferior  officers  as  may  be 
by  law  exempted,  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or 
affimation : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the  constitution 
of  the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and  that  I will  faithfully 
discharge  the  duties  of  the  office  of according  to  the  best  of  my  ability. 

And  no  other  oath,  declaration  or  test  shall  be  required  as 
a qualification. 

ARTICLE  VI. 

§ 1.  Judicial  Powers.]  The  judicial  powers  except  as  in 
this  article  is  otherwise  provided,  shall  be  vested  in  one 
supreme  court,  circuit  courts,  county  courts,  justices  of  the 
peace,  police  magistrates,  and  in  such  courts  as  may  be  created 
by  law  in  and  for  cities  and  incorporated  towns. 

§ 21.  Justices  of  the  Peace,  Etc.]  Justices  of  the  peace, 
police  magistrates,  and  constables  shall  be  elected  in  and  for 


Suffrage. 


J9 


«uch  districts  as  are,  or  may  be,  provided  by  law,  and  the 
jurisdiction  of  such%  justices  of  the  peace  and  police  magis- 
trates shall  be  uniform. 

§ 32.  Officers  Residence  and  Compensation.]  All 

-officers  provided  for  in  this  article  shall  hold  their  offices  un- 
til their  successors  shall  be  qualified,  and  they  shall,  respect- 
ively, reside  in  the  division,  circuit,  county  or  district  for  which 
they  may  be  elected  or  appointed.  The  terms  of  office  of  all 
such  officers,  where  not  otherwise  prescribed  in  this  article, 
shall  be  four  years.  All  officers,  where  not  otherwise  pro- 
vided for  in  this  article,  shall  perform  such  duties  and  receive 
such  compensation  as  is  or  may  be  provided  by  law.  Vacan- 
cies in  such  elective  offices  shall  be  filled  by  election;  but  where 
the  unexpired  term  does  not  exceed  one  year,  the  vacancy  shall 
be  filled  by  appointment  as  follows:  Of  judges,  by  the  gov- 
ernor; of  clerk  of  courts,  by  the  court  to  which  the  office  ap- 
pertains, or  by  the  judge  or  judges  thereof;  and  of  all  such 
other  offices,  by  the  board  of  supervisors  or  board  of  county 
commissioners  in  the  county  where  the  vacancy  occurs. 

§ 33.  Process.]  All  process  shall  run:  In  the  name  of 
the  People  of  the  State  of  Illinois;  and  all  prosecutions  shall  be 
carried  on : In  the  name  and  by  the  authority  of  the  Peo-ple  of 
the  State  of  Illinois;  and  conclude:  Against  the  f>eace  and  dig- 
nity of  the  same.  “Population,”  wherever  used  in  this  article, 
shall  be  determined  by  the  next  preceding  census  of  this  state, 
-or  of  the  United  States. 

ARTICLE  VII. 

§ 1.  Right  of  Suffrage.]  Every  person  having  resided  in 
this  state  one  year,  in  the  county  90  days,  and  in  the  election 
-district  30  days  next  preceding  any  election  therein,  who  was 
an  elector  in  this  state  on  the  first  day  of  April,  in  the  year  of 
our  Lord  1848,  or  obtained  a certificate  of  naturalization  be- 
fore any  court  of  record  in  this  state  prior  to  the  first  day  of 


20 


Constitutional  Provisions. 


January,  in  the  year  of  our  Lord  1870,  or  who  shall  be  a 
male  citizen  of  the  United  States,  above  the  age  of  21  years, 
shall  be  entitled  to  vote  at  such  election. 

§ 2.  Vote  by  Ballot.]  All  votes  shall  be  by  ballot. 

§ 3.  Privileges  of  Electors.]  Electors  shall,  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  elections,  and  in  going 
to  and  returning  from  the  same.  And  no  elector  shall  be 
obliged  to  do  military  duty  on  the  days  of  election,  except  in 
time  of  war  or  public  danger. 

§ 5.  Excluded  Persons.]  No  soldier,  seaman  or  marine 
in  the  army  or  navy  of  the  United  States  shall  be  deemed  a 
resident  of  this  state  in  consequence  of  being  stationed  therein. 

§ 6.  Officers — Persons  Excluded.]  No  person  shall  be 
elected  or  appointed  to  any  office  in  this  state,  civil  or  military, 
who  is  not  a citizen  of  the  United  States,  and  who  shall  not 
have  resided  in  this  state  one  year  next  preceding  the  election 
or  appointment. 

ARTICLE  VIII. 

§ 3.  No  Aid  to  Churches  or  Private  Schools.]  Neither 
the  general  assembly  nor  any  county,  city,  town,  township, 
school  district  or  other  public  corporation,  shall  ever  make  any 
appropriation  or  pay  from  any  public  fund  whatever,  anything 
in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support 
or  sustain  any  school,  academy,  seminary,  college,  university, 
or  other  literary  or  scientific  institution,  controlled  by  any 
church  or  sectarian  .denomination  whatever;  nor  shall  any 
grant  or  donation  of  land,  money,  or  other  personal  property 
ever  be  made  by  the  state  or  any  such  public  corporation,  to  any 
church,  or  for  any  sectarian  purpose. 

§ 4.  School  Officer  Not  to  be  Interested  in  Contract.] 

No  teacher,  state,  county,  township,  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book. 


Taxation. 


2 I 

apparatus  or  furniture,  used  or  to  be  used  in  any  school  in  this 
state,  with  which  such  officer  or  teacher  may  be  connected, 
under  such  penalties  as  may  be  provided  by  the  general 
assembly. 


ARTICLE  IX. 

§ 3.  Exemption  From  Taxation.]  The  property  of  the 
state,  counties,  and  other  municipal  corporations,  both  real  and 
personal,  and  such  other  property  as  may  be  used  exclusively 
for  agricultural  or  horticultural  societies,  for  schools,  religious, 
cemetery  and  charitable  purposes,  may  be  exempted  from  tax- 
ation; but  such  exemption  shall  be  only  by  general  law.  In 
the  assessment  of  real  estate  encumbered  by  public  easement 
any  depreciation  occasioned  by  such  easememt  may  be  de- 
ducted in  the  valuation  of  such  property. 

•§  6.  Release  From  Tax  Prohibited.]  The  general 
assembly  shall  have  no  power  to  release  or  discharge  any 
county,  city,  township,  town  or  district  whatever,  or  the  inhab- 
itants thereof,  or  the  property  therein,  from  their  or  its  pro- 
portionate share  of  taxes  to  be  levied  for  state  purposes,  nor 
shall  commutation  for  such  taxes  be  authorized  in  any  form 
whatsoever. 

§ 9.  Municipal  Taxation  and  Special  Assessment.  | 

The  general  assembly  may  vest  the  corporate  authorities  of 
cities,  towns  and  villages  with  power  to  make  local  improve- 
ments by  special  assessment,  or  by  special  taxation  of  con- 
tiguous property,  or  otherwise.  For  all  other  corporate  pur- 
poses, all  municipal  corporations  may  be  vested  with  authority 
to  assess  and  collect  taxes;  but  such  taxes  shall  be  uniform  in 
respect  to  persons  and  property,  within  the  jurisdiction  of  the 
body  imposing  the  same. 

§ 10.  State  Taxation  for  Municipal  Purposes  Pro- 
hibited.] The  general  assembly  shall  not  impose  taxes  upon 
municipal  corporations,  or  the  inhabitants  or  property  thereof, 


22 


Constitutional  Provisions. 


for  corporate  purposes,  but  shall  require  that  all  the  taxable 
property  within  the  limits^of  municipal  corporations  shall  be 
taxed  for  the  payment  of  debts  contracted  under  authority  of 
law,  such  taxes  to  be  uniform  in  respect  to  persons  and  prop- 
erty within  the  jurisdiction  of  the  body  imposing  the  same. 
Private  property  shall  not  be  liable  to  be  taken  or  sold  for  the 
payment  of  the  corporate  debts  of  a municipal  corporation. 

§n.  Officers — Eligibility  and  Compensation.  | No 

person  who  is  in  default,  as  collector  or  custodian  of  money 
or  property  belonging  to  a municipal  corporation,  shall  be 
eligible  to  any  office  in  or  under  such  corporation.  The  fees,, 
salary  or  compensation  of  no  municipal  officer  who  is  elected 
or  appointed  for  a definite  term  of  office,  shall  be  increased  or 
diminished  during  such  term. 

§ 12.  Limitation  of  Indebtedness.]  No  county,  cityr 
township,  school  district,  or  other  municipal  corporation,  shall 
be  allowed  to  become  indebted  in  any  manner  or  for  any  pur- 
pose, to  an  amount,  including  existing  indebtedness,  in  the 
aggregate  exceeding  five  per  centum  on  the  value  of  the  tax- 
able property  therein,  to  be  ascertained  by  the  last  assessment 
for  state  and  county  taxes,  previous  to  the  incurring  of  such 
indebtedness.  An}'  county,  city,  school  distiict,  or  other 
municipal  corporation,  incurring  any  indebtedness  as  aforesaid,, 
shall  before,  or  at  the  time  of  doing  so,  provide  for  the  collec- 
tion of  a direct  annual  tax  sufficient  to  pay  the  interest  on  such 
debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  princi- 
ple thereof  within  twenty  years  from  the  time  of  contracting 
the  same.  This  section  shall  not  be  construed  to  prevent 
any  county,  city,  township,  school  district,  or  other  municipal 
corporation,  from  issuing  their  bonds  in  compliance  with  any 
vote  of  the  people  which  may  have  been  had  prior  to  the  adop- 
tion of  this  constitution  in  pursuance  of  any  law  providing 
therefor. 


Railroads. 


ARTICLE  XI. 

§ 4.  Use  of  Streets  for  Railroads.]  No  law  shall  be 
passed  by  the  general  assembly  granting  the  right  to  construct 
and  operate  a street  railroad  within  any  city,  town  or  incor- 
porated village,  without  requiring  the  consent  of  the  local 
authorities  having  the  control  of  the  street  or  highway  pro- 
posed to  be  occupied  by  such  street  railroad. 

SEPARATE  SECTIONS. 

Municipal  Subscriptions  to  Railroads  or  Private  Cor- 
porations.] No  county,  city,  town,  township,  or  other  munici- 
pality, shall  ever  become  subscriber  to  the  capital  stock  of  any 
railroad  or  private  corporation,  or  make  donation  to  or  loan  its 
credit  in  aid  of  such  corporation : Provided , however,  that  the 
adoption  of  this  article  shall  not  be  construed  as  affecting  the 
right  of  any  such  municipality  to  make  such  subscriptions 
where  the  same  have  been  authorized,  under  existing  laws,  by 
a vote  of  the  people  of  such  municipalities  prior  to  such 
adoption. 


STATUTES  RELATING  TO  CITIES. 


AN  ACT  To  Provide  for  the  Incorporation  of  Cities  and  Villages. 
Approved  April  10,  1872,  In  Force  July  1, 1872. 

ARTICLE  I. 


OF  THE  ORGANIZATION  OF  CITIES. 


Section. 

1.  How  a City  may  Adopt  this  Act. 

2.  Notice  of  Election. 

3.  The  Ballots— Result. 

4.  How  Towns  May  Become  Cities. 

5.  Organizing  a City— Petition— Election — 

Result. 

6.  Courts  to  Take  Judicial  Notice  of  Elec- 

tion, Etc. 

7.  Election  of  Officers. 


Section. 

8.  When  County  Judge  to  Give  Notice  of 

Election. 

9.  Term  of  First  Officers. 

10.  Corporate  Name — Powers. 

11.  Prior  Ordinances,  Etc.,  in  Force. 

12.  Rights,  Etc.,  of  Old  Corporation  to 

Vest  in  New. 

13.  Record  of  Result  of  Election. 

14.  Abolishes  City  Register. 


1.  How  a City  May  Adopt  This  Act.]  § 1.  That 
any  city  now  existing  in  this  state  may  become  incorporated 
under  this  act  in  the  manner  following:  Whenever  one-eighth 
of  the  legal  voters  of  such  city,  voting  at  the  last  preceding 
municipal  election,  shall  petition  the  mayor  and  council  thereof 
to  submit  the  question,  as  to  whether  such  city  shall  become 
incorporated  under  this  act,  to  a vote  of  the  electors  in  such 
city,  it  shall  be  the  duty  of  such  mayor  and  council  to  submit 
such  question  to  a vote  of  the  electors  of  said  city  at  the  next 
ensuing  municipal  election  of  said  city  or  at  a special  election, 
and  to  give  the  notice  required  by  law.  [As  amended  by  act 
approved  June  17,  1887. 


Of  the  Organization  of  Cities.  25 

2.  Notice  of  Election  ] § 2.  The  mayor  of  such  city 

shall  give  at  least  thirty  days’  notice  of  such  election  by  pub- 
lishing a notice  thereof  in  one  or  more  newspapers  within 
such  city;  but  if  no  newspaper  is  published  therein,  then  by 
posting  at  least  five  copies  of  such  notice  in  each  ward. 

3-  The  Ballot— Result.]  § 3.  The  ballots  to  be  used 
at  such  election  shall  be  in  the  following  form:  “For  city 

organization  under  general  law;”  or  “Against  city  organiza- 
tion under  general  law.”  The  judges  of  such  election  shall 
make  returns  thereof  to  the  city  council,  whose  duty  it 
shall  be  to  canvass,  such  returns  and  cause  the  result  of  such 
canvass  to  be  entered  upon  the  records  of  such  city.  If  a ma- 
jority of  the  votes  cast  at  such  election  shall  be  for  city  organ- 
ization under  general  law,  such  city  shall  thenceforth  be 
deemed  to  be  organized  under  this  act;  and  the  city  officers 
then  in  office  shall,  thereupon,  exercise  the  powers  conferred 
upon  like  officers  in  this  act,  until  their  successors  shall  be 
elected  and  qualified. 

4.  How  Towns  May  Become  Cities.]  § 4.  Any  in- 
corporated town  or  village,  in  this  state,  having  a population 
of  not  less  than  one  thousand  (1,000)  inhabitants  may  be- 
come incorporated  as  a city  in  like  manner  as  hereinbefore 
provided;  but  in  all  such  cases  the  president  and  trustees  of 
such  town  or  village  shall,  respectively,  perform  the  same 
duties  relative  to  such  change  of  organization  as  is  above  re- 
quired to  be  performed  by  the  mayor  and  council  of  cities. 
[As  amended  by  act  approved  May  25,  1877. 

5.  Organizing  a City— Petition  — Election  — Result.] 

§ 5.  Whenever  any  area  of  contiguous  territory  in  this  state, 
not  exceeding  four  square  miles,  shall  have  resident  thereon  a 
population  of  not  less  than  one  thousand  inhabitants,  which 
shall  not  already  be  included  within  any  incorporated  town  or 
city,  the  same  may  become  incorporated  as  a city  in  manner 
following:  Any  fifty  legal  voters  thereof  may  file  in  the  of- 


2 6 


Statutes. 


fice  of  the  clerk  of  the  county  court,  of  the  county  in  which 
such  inhabitants  reside,  a petition,  addressed  to  the  judge  of 
such  court;  and  if  the  territory  described  in  said  petition  shall 
be  in  more  than  one  county,  then  the  petition  shall  be  ad- 
dressed to  the  judge  of  the  court  where  a greater  part  of  such 
territory  is  situated;  which  petition  shall  define  the  boundaries 
of  such  proposed  city,  and  state  the  number  of  inhabitants  re- 
siding within  such  limits,  and  also  state  the  name  of  such  pro- 
posed city,  and  shall  contain  a prayer  that  the  question  be  sub- 
mitted to  the  legal  voters  residing  within  such  limits,  whether 
they  will  organize  as  a city  under  this  act.  It  shall  be  the 
duty  of  the  county  judge  to  fix  a time  and  place,  within  the 
boundaries  of  such  proposed  city,  at  which  an  election  may 
be  held  to  determine  such  question,  and  such  judge  shall  name 
the  persons  to  act  as  judges  in  holding  such  election,  and 
shall  give  notice  thereof  by  causing  ten  notices  to  be  posted  in 
public  places  within  such  proposed  city.  And  the  third  sec- 
tion of  this  article  shall  be  applicable  to  such  election : Pro- 
vided, that  the  returns  of  such  election  shall  be  made  to  and 
canvassed  by  the  county  judge  and  an}*  two  justices  of  the 
peace  whom  he  shall  call  to  his  assistance,  instead  of  the  city 
council;  and  the  result  of  such  election  shall  be  entered  upon 
the  records  of  such  county  court.  If  a majority  of  the  votes 
cast  at  such  election  shall  be  “ For  city  organization  under 
general  law,”  the  inhabitants  of  such  territory,  described  in 
such  petition,  shall  be  deemed  to  be  incorporated  as  a city, 
under  this  act,  and  with  the  name  stated  in  the  petition. 

6.  Courts  to  Take  Judicial  Notice  of  Organization, 

Etc.  | ^ 6.  All  courts  in  this  state  shall  take  judicial  notice 

of  the  existence  of  all  villages  and  cities  organized  under  this 
act,  and  of  the  change  of  the  organization  of  any  town  or  city 
from  its  original  organization  to  its  organization  under  this  act; 
and  from  the  time  of  such  organization,  or  change  of  organi- 
zation, the  provisions  of  this  act  shall  be  applicable  to  such 
cities  and  villages,  and  all  laws  in  conflict  therewith,  shall  no 


Of  the  Organization  of  Cities. 


27 


longer  be  applicable.  But  all  laws,  or  parts  of  laws,  not  in- 
consistent with  the  provisions  of  this  act,  shall  continue  in 
force  and  applicable  to  any  such  city,  or  village,  the  same  as 
if  such  change  of  organization  had  not  taken  place. 

7.  Election-  of  Officers.]  § 7.  It  shall  be  the  duty  of 
the  president  and  board  of  trustees  of  any  town  which 
shall  have  voted  to  change  its  organization  to  a city,  under 
this  act,  to  call  and  give  notice  of  an  election  to  elect  city  offi- 
cers, and  to  designate  the  time  and  place,  or  places,  of  holding 
the  same.  Such  notice  shall  be  published  in  a newspaper,  if 
there  be  one  within  the  town,  or  posted  in  ten  public  places, 
for  at  least  twenty  days  before  such  election.  Such  president 
and  trustees  shall  appoint  the  judges  and  clerks  to  hold  such 
election,  canvass  the  returns  thereof,  and  cause  the  result  to 
be  entered  upon  the  records  of  the  town;  and  the  provisions 
of  this  act,  relative  to  the  election  of  city  officers,  shall  be  ap- 
plicable thereto;  but,  at  such  election,  aldermen  may  be  elected 
on  a general  ticket. 

8.  When  County  Judge  to  Give  Notice  of  Election, 
Etc.]  § 8.  In  case  of  cities  organizing  under  section  five 
(5)  of  this  article,  the  countv  judge  shall  call  and  give  notice 
of  the  election,  and  perform  the  same  duties  relative  thereto  as 
is  above  required  to  be  performed  by  president  and  trustees 
of  such  town,  and  in  canvassing  such  returns  shall  call  to  his 
assistance  two  justices  of  the  peace. 

9.  Term  of  First  Officers.  | § 9.  The  city  officers 

elected  under  either  of  the  preceding  sections,  shall  hold  their 
respective  offices  until  the  next  succeeding  regular  election  for 
such  officers,  respectively,  and  until  their  successors  are  elected, 
and  qualified,  as  provided  in  this  act. 

10.  Corporate  Name — Powers.]  § 10.  Cities  organized 
under  this  act  shall  be  bodies  politic  and  corporate,  under  the 
name  and  style  of  “City  of  (name),”  and  under  such  name 
may  sue  and  be  sued,  contract  and  be  contracted  with,  ac- 


28 


Statutes. 


quire  and  hold  real  and  personal  property  for  corporate  pur- 
poses, have  a common  seal,  and  change  the  same  at  pleasure, 
and  exercise  all  the  powers  hereinafter  conferred. 

11.  Prior  Ordinances,  Etc. — in  Force  Until,  Etc.j  § n. 

All  ordinances,  resolutions  and  by-laws  in  force  in  any  city  or 
town  when  it  shall  organize  under  this  act,  shall  continue  in 
full  force  and  effect  until  repealed  or  amended,  notwithstand- 
ing such  change  of  organization;  and  the  making  of  such 
change  of  organization  shall  not  be  construed  to  effect  a 
change  in  the  legal  identity,  as  a corporation,  of  such  city  or 
town. 

12.  Rights,  Etc.,  of  Old  Corporations  to  Vest  in  New.] 

§12.  All  rights  and  property  of  every  kind  and  description, 
which  were  vested  in  any  municipal  corporation  under  its 
former  organization,  shall  be  deemed  and  held  to  be  vested  in 
the  same  municipal  incorporation  upon  its  becoming  incorpor- 
ated under  the  provisions  of  this  act;  but  no  rights  or  liabili- 
ties, either  in  favor  of  or  against  such  corporation,  existing  at 
the  time  of  so  becoming  incorporated  under  this  act,  and  no 
suit  or  prosecution  of  any  kind,  shall  be  affected  by  such 
change,  but  the  same  shall  stand  and  progress  as  if  no  change 
had  been  made:  Provided , that  when  a different  remedy  is 
given  by  this  act,  which  may  properly  be  made  applicable  to 
any  right  existing  at  the  time  of  such  city  so  becoming  incor- 
porated under  this  act,  the  same  shall  be  deemed  cumulative 
to  the  remedies  before  provided,  and  used  accordingly. 

13.  Record  of  Result  of  Election.]  § 13.  The  cor- 
porate authorities  of  any  city  or  village  which  may  become 
organized  under  this  act  shall,  within  three  months  after  or- 
ganization hereunder,  cause  to  be  filed  in  the  office  of  the 
recorder  of  deeds,  in  the  county  in  which  such  city  or  village 
is  situated,  a ceriified  copy  of  the  entry  made  upon  the  records 
of  the  city,  village  or  county  court,  of  the  canvass  of  the  votes, 
showing  the  result  of  such  election,  whereby  such  city  or  vil- 


Of  the  Organization  of  Cities.  29 

lage  became  so  organized — and  such  recorder  of  deeds  shall 
record  the  same.  And  such  corporate  authorities  shall  also 
cause  a like  certificate  to  be  filed  in  the  office  ot  the  Secretary 
of  State,  who  shall  file  the  same,  and  keep  a register  of  cities 
and  villages  organized  under  this  act. 

14.  City  Register’s  Office  Abolished.]  § 14.  If  any 

city  organized  or  which  may  hereafter  organize  under  this  act, 
shall  have  had  by  the  terms  and  provisions  of  its  special  char- 
ter a city  register’s  office  or  other  office  in  which  deeds,  mort- 
gages or  other  instruments  were  required  or  authorized  by. 
law  to  be  recorded  in  lieu  of  recording  the  same  in  the  rec- 
orders office  in  the-eounty  where  said  city  was  situated,  such 
city  register’s  office  or  recorder’s  office  shall  be  discontinued 
under  this  act,  and  the  city  register  or  recorder  or  other  offi- 
cer having  the  custody  of  the  records,  books  and  papers  per- 
taining to  such  city  register  or  recorder’s  office,  shall  deposit 
such  records  and  books,  and  papers  in  the  office  of  the  rec- 
order of  deeds  of  the  county,  in  which  such  city  is  situated, 
and  shall  take  the  receipt  of  the  recorder  of  deeds  therefor, 
and  such  records,  and  books,  and  papers,  shall  from  thereafter 
be  deemed  and  held  for  all  purposes  a part  of  the  records  of 
the  recorder’s  office  of  such  county,  and  shall  have  like  legal 
effect  as  if  the  same  had  been  originally  a part  of  the  records 
of  such  county  recorder’s  office  for  all  purposes  whatsoever, 
and  the  same  or  certified  transcripts  made  therefrom,  shall 
have  like  force  and  effect  as  evidence  as  other  records  of  said 
recorder’s  office.  [As  amended  by  act  approved  May  15, 


30 


Statutes, 


ARTICLE  II. 

OF  THE  MAYOR. 


Section. 

15.  Mayor— Qualifications. 

16.  Vacancy  One  Year  or  Over. 

17.  Vacancy  L,ess  Than  Year. 

18.  Mayor  pro  tern. 

19.  Vacancy  by  Removal  From  City. 

20.  Mayor  to  Preside— Casting  Vote. 

21.  When  He  May  Remove  Officers. 

22.  His  Power  to  Keep  Peace. 


Section. 

23.  Release  of  Prisoners. 

24.  General  Duties. 

25.  To  Examine  Records,  Etc. 

26.  Messages  to  Council. 

27.  To  Call  out  Militia,  Etc.,  Riots. 

28.  Misconduct,  Etc.,  Mayor  or  Other  Offi- 

cer-Penalty. 

29.  Revising  Ordinances  After  Change. 


15-  Mayor — His  Qualifications.]  § 1.  The  chief  ex- 
ecutive officer  of  a city  shall  be  a mayor,  who  shall  be  a citi- 
zen of  the  United  States,  a qualified  elector,  reside  within  the 
city  limits,  and  hold  his  office  for  two  years,  and  until  his  suc- 
cessor is  elected  and  qualified. 

16.  Vacancy  One  Year  or  Over,]  § 2.  Whenever  a 
vacancy  shall  happen  in  the  office  of  the  mayor,  when  the  un- 
expired term  shall  be  one  year  or  over  from  the  date  when  the 
vacancy  occurs,  it  shall  be  filled  by  an  election. 

17-  Vacancy  Less  Than  Year.]  §3.  If  the  vacancy  is 
less  than  one  year,  the  city  council  shall  elect  one  of  its  num- 
ber to  act  as  mayor,  who  shall  possess  all  the  rights  and  pow- 
ers of  the  mayor  until  the  next  annual  election,  and  until  his 
successor  is  elected  and  qualified. 

18-  Mayor  Pro  Tem.]  § 4.  During  a temporary  absence 
or  disability  of  the  mayor,  the  city  council  shall  elect  one  of 
its  number  to  act  as  mayor  pro  tem.,  who,  during  such  absence 
or  disability,  shall  possess  the  powers  of  mayor. 

19.  Vacancy  by  Removal  From  City.]  § 5.  If  the 

mayor,  at  any  time  during  the  term  of  his  office,  shall  remove 
from  the  limits  of  the  city,  his  office  shall  thereby  become 
vacant. 

20.  Mayor  to  Preside,  Casting  Vote.]  § 6.  The  mayor 


Of  the  Mayor. 


3i 


shall  preside  at  all  meetings  of  the  city  council,  but  shall  not 
vote  except  in  case  of  a tie,  when  he  shall  give  the  casting 
vote.  * 

21.  When  He  May  Remove  Officers.]  § 7.  The  mayor 
shall  have  power  to  remove  any  officer  appointed  by  him,  on 
any  formal  charge,  whenever  he  shall  be  of  the  opinion  that 
the  interests  of  the  city  demand  such  removal,  but  he  shall 
report  the  reasons  for  such  removal  to  the  council  at  a meet- 
ing to  be  held  not  less  than  five  days  nor  more  than  ten  days 
after  such  removal;  and  if  the  mayor  shall  fail,  or  refuse  to  file 
with  the  city  clerk  a statement  of  the  reasons  for  such  removal, 
or  if  the  council  by  a two-thirds  (7^)  vote  of  all  its  mem- 
bers authorized  by  law  to  be  elected,  by  yeas  and  nays,  to  be 
entered  upon  its  record,  disapprove  of  such  removal,  such 
officer  shall  thereupon  become  restored  to  the  office  from  which 
he  was  so  removed;  but  he  shall  give  new  bonds  and  take  a 
new  oath  of  office.  No  officer  shall  be  removed  a second  time 
for  the  same  offense.  [ As  amended  by  act  approved  May 
31,  1879. 

22.  His  Power  to  Keep  Peace.]  § 8.  He  may  exer- 
cise within  the  city  limits,  the  powers  conferred  upon  sheriffs, 
to  suppress  disorder  and  keep  the  peace. 

23.  Release  of  Prisoners. ) § 9.  He  may  release  any 

person  imprisoned  for  violation  of  any  city  ordinance,  and  shall 
report  such  release,  with  the  cause  thereof,  to  the  council  at 
its  first  session  thereafter. 

24.  General  Duties.]  § 10.  He  shall  perform  all  such 
duties  as  are  or  may  be  prescribed  by  law  or  by  the  city  ordi- 
nances, and  shall  take  care  that  the  laws  and  ordinances  are 
faithfully  executed. 

25.  Power  to  Examine  Records,  Etc.]  §11.  He  shall 
have  power  at  all  times  to  examine  and  inspect  the  books,  rec- 
ords and  papers  of  any  agent,  employe  or  officer  of  the  city. 


32 


Statutes. 


26.  Messages  to  Council,]  § 12.  The  mayor  shall, 
annually,  and  from  time  to  time,  give  the  council  information 
relative  to  the  affairs  of  the  city,  and  shall  recommend  for 
their  consideration  such  measures  as  he  may  deem  expedient. 

27-  To  Call  Out  Militia,  Etc,,  Riots,  Etc.]  § 13.  He 

shall  have  power,  when  necessary,  to  call  on  every  male  inhab- 
itant of  the  city,  over  the  age  of  18  years,  to  aid  in  enforcing 
the  laws  and  ordinances,  and  to  call  out  the  militia  to  aid  in 
suppressing  riots  and  other  disorderly  conduct,  or  carrying 
into  effect  any  law  or  ordinance,  subject  to  the  authority  of 
the  governor  as  commander-in-chief  of  the  militia. 

28.  Misconduct,  Etc.,  of  Mayor  or  Other  Officer,  Pen- 
alty.] § 14.  In  case  the  mayor  or  any  other  municipal  offi- 
cer shall  at  any  time  be  guilty  of  a palpable  omission  of  duty, 
or  shall  willfully  and  corruptly  be  guilty  of  oppression,  mal- 
conduct  or  misfeasance  in  the  discharge  of  the  duties  of  his 
office,  he  shall  be  liable  to  indictment  in  any  court  of  compe- 
tent jurisdiction,  and,  on  conviction,  shall  be  lined  in  a sum 
not  exceeding  $1,000;  and  the  court  in  which  such  conviction 
shall  be  had  shall  enter  an  order  removing  such  officer  from 
office. 

29.  Revising  Ordinances  After  Change  of  Organiza- 
tion. | § 15.  He  may  appoint,  by  and  with  the  advice  and 

consent  of  the  city  council,  immediately  after  such  change  of 
organization,  one  or  more  competent  persons  to  prepare  and 
submit  to  the  city  council,  for  their  adoption  or  rejection,  an 
ordinance  in  revision  of  the  ordinances  of  such  city,  and  for 
the  government  of  such  city,  the  compensation  of  such  reviser 
or  revisers  to  be  determined  and  fixed  by  the  city  council  and 
paid  out  of  the  city  treasury. 


Of  the  City  Council. 


33 


ARTICLE  III. 

OF  THE  CITY  COUNCIL. 


Section. 

30.  Council— How  Composed. 

31.  Number  ot  Aldermen. 

32.  Term  of  Office  of  Aldermen. 

33.  Vacancy. 

34.  Qualifications  of  Aldermen. 

35.  Council  Judge  of  Election  and  Qualifi- 

tion  of. 

36.  Rules— Expulsion— Bribery. 

37.  Quorum— Compelling  Attendance. 

38.  Meetings. 

39.  Chairman  pro  tern. 


Section . 

40.  Open  Doors. 

41.  Journal  Shall  be  Kept. 

42.  Yeas  and  Nays  — Record  — Vote  Re- 

quired. 

43.  Not  Rescind  Vote  at  Special  Meeting 

Unless,  Etc. 

44.  When  Report  Laid  Over. 

45.  Territorial  Jurisdiction. 

46.  Special  Meetings. 

47.  Ordinance— Appeal— Vote, 

48.  Reconsideration — Passing  Over  Veto. 


30.  Council,  How  Composed.  ] § 1.  The  city  council 

shall  consist  of  the  mayor  and  aldermen. 

31.  Number  of  Aldermen.]  § 2.  The  number  of 
aldermen,  when  not  elected  by  the  minority  representation 
plan,  shall  be  as  follows:  In  cities  not  exceeding  3,000  inhab- 
itants, six  aldermen;  exceeding  3,000,  but  not  exceeding  5,000, 
eight  aldermen;  exceeding  5,000  and  not  exceeding  10,000, 
ten  aldermen;  exceeding  10,000  and  not  exceeding  30,000, 
fourteen  aldermen;  and  two  additional  aldermen  for  every 
20,000  inhabitants  over  30,000:  Provided,  however,  that  in 
cities  of  over  350,000  inhabitants  there  shall  be  elected  forty- 
eight  aldermen  and  no  more,  unless  additional  territory  shall 
be  annexed  to  such  city,  after  such  city  shall  have  been  divided 
into  wards  on  the  basis  of  forty-eight  aldermen,  in  which  case, 
and  as  often  as  new  territory  shall  be  annexed  to  such  city,  as 
aforesaid,  containing  three  or  more  square  miles  of  territory 
or  15,000  inhabitants  and  not  exceeding  25,000  inhabitants, 
such  annexed  territory  shall  constitute  a ward  of  such  city,  and 
the  city  council  of  such  city  shall  authorize  the  legal  voters  of 
such  annexed  territory  to  elect  two  aldermen  from  such  ward 
in  such  annexed  territory,  which  said  aldermen  in  such  an- 
nexed territory  shall  be  additional  to  said  forty-eight  aldermen, 


34 


Statutes. 


and  who  shall  possess  all  the  qualifications  of,  and  be  elected 
at  the  time  and  in  the  manner,  provided  in  the  said  act,  of 
which  this  is  an  amendment:  Provided , that  if  said  annexed 
territory  shall  contain  more  than  25,000  inhabitants,  then  the 
city  council  shall  authorize  the  legal  voters  of  such  annexed 
territory  to  elect  two  aldermen  for  every  25,000  inhabitants 
thereof,  and  two  additional  aldermen  for  every  fraction  of  15,- 
000  inhabitants  or  more.  The  number  of  inhabitants  to  be 
determined  by  the  last  preceding  national,  State  or  school  cen- 
sus of  such  annexed  territory.  And  if  any  such  annexed  ter- 
ritory has  less  than  15,000  inhabitants,  and  less  than  three 
square  miles  in  extent,  then  the  city  council  shall  annex  it  to 
any  ward  or  wards  which  it  adjoins:  Provided , further , that 
when  the  number  of  aldermen  in  any  such  city  shall  reach 
seventy  by  reason  of  such  annexed  territory,  the  city  council 
shall  redistriet  said  city  into  thirty-five  new  wards,  and  no 
more;  and  when  said  number  of  aldermen  shall  reach  seventy, 
if  any  new  territory  is  thereafter  annexed  which  shall  contain 
25,000  inhabitants,  or  more,  as  determined  by  the  last  preced- 
ing national,  State,  school,  or  other  census  authorized  by  law 
to  be  taken,  then  said  city  council  shall  redistrict  said  city  into 
thirty-five  wards:  Provided , further , that  whenever,  after 
such  new  territory  shall  have  been  annexed,  as  aforesaid,  said 
city  shall  be  redistricted,  the  number  of  wards  at  the  time  said 
city  is  so  redistricted,  shall  be  preserved,  and  thecity  council  there- 
of may,  in  its  discretion, change  the  boundary  between  such  new 
ward  and  the  original  territory  of  the  city  and  make  said  new 
ward  larger  or  smaller,  to  comply  with  the  requirements  of 
said  act  as  to  compactness  and  equality  of  inhabitants.  And 
'provided^  f urther , if  it  shall  appear  from  any  census  hereto- 
fore or  hereafter  taken,  that  any  city  has  the  requisite  number 
of  inhabitants  to  authorize  it  to  increase  the  number  of  aider- 
men,  it  shall  be  the  duty  of  the  city  council  thereof  to  proceed 
without  delay  and  redistrict  such  city  in  accordance  with  the 
provisions  hereof,  and  to  call  and  hold  its  next  city  election  in 


Of  the  City  Council. 


35 


accordance  with  such  new  redistricting : Provided , that  at  such 
election  the  aldermen  who  hold  over  shall  be  considered  aider- 
men  for  the  new  wards  respectively  in  which  their  residence 
shall  be,  unless  there  shall  be  two  or  more  aldermen  who  hold 
over  in  the  same  ward  under  this  proviso,  then,  in  such  case, 
it  shall  be  determined  by  lot  in  presence  of  the  city  council,  in 
such  manner  as  they  shall  direct,  which  alderman  shall  hold 
over  for  such  ward.  [As  amended  by  act  approved  and  in 
force  June  4,  1889. 

32.  Term  of  Office.]  § 3.  Aldermen  shall  hold  their 
office  for  the  term  of  two  years,  and  until  their  successors  are 
elected  and  qualified. 

33.  Vacancy.]  § 4.  If  any  vacancy  shall  occur  in  the 
office  of  alderman  by  death,  resignation,  removal  or  other- 
wise, such  vacancy  shall  be  filled  by  election. 

34.  Qualifications  of  Aldermen.]  § 5.  No  person  shall 
be  eligible  to  the  office  of  alderman  unless  he  shall  be  a quali- 
fied elector,  and  reside  within  the  ward  for  which  he  is  elected, 
nor  shall  he  be  eligible  if  he  is  in  arrears  in  the  payment  of 
any  tax  or  other  liability  due  to  the  city;  nor  shall  he  be  di- 
rectly or  indirectly  interested  in  any  contract  whatever  to 
which  the  city  is  a party;  nor  shall  he  be  eligible  if  he  shall 
have  been  convicted  of  malfeasance,  bribery  or  other  corrupt 
practices  or  crimes;  nor  shall  he  be  eligible  to  any  office,  the 
salary  of  which  is  payable  out  of  the  city  treasury,  if  at  the 
time  of  his  appointment  he  shall  be  a member  of  the  city 
council;  nor  shall  any  member  of  the  city  council  at  the  same 
time  hold  any  other  office  under  the  city  government;  nor 
shall  he  be  either  directly  or  indirectly,  individually  or  as  a 
member  of  a firm,  engaged  in  any  business  transaction  (other 
than  official)  with  such  city,  through  its  mayor  or  any  of  its 
authorized  boards,  agents  or  attorneys,  whereby  any  money 
is  to  be  paid,  directly  or  indirectly,  out  of  the  city  treasury  to 
such  member  or  firms. 


Statutes. 


36 

35.  Council  Judge  of  Its  Members.]  § 6.  The  city 
council  shall  be  judge  of  the  election  and  qualification  of  its 
own  members. 

36.  Rules — Expulsion — Bribery.]  § 7.  It  shall  deter- 
mine its  own  rules  of  proceeding,  punish  its  members  for  dis- 
orderly conduct,  and  with  the  concurrence  of  two-thirds  of 
the  aldermen- elect,  may  expel  a member,  but  not  a second 
time  for  the  same  offense:  Provided,  that  any  alderman  or 
councilman  who  shall  have  been  convicted  of  bribery  shall 
thereby  be  deemed  to  have  vacated  his  office. 

37.  Quorum — Compelling  Attendance.]  § 8.  A major- 
ity of  the  aldermen  elect  shall  constitute  a quorum  to  do  busi- 
ness, but  a smaller  number  may  adjourn  from  time  to  timey 
and  may  compel  the  attendance  of  absentees  under  such  pen- 
alties as  may  be  prescribed  by  ordinance. 

38-  Meetings.  | § 9.  The  city  council  may  prescribe, 

by  ordinance,  the  times  and  places  of  the  meeting  thereof,  and 
the  manner  in  which  special  meetings  thereof  may  be 
called. 

39.  Chairman  Pro  Tern.]  § 10.  It  may  elect  a tem- 
porary chairman  in  the  absence  of  the  mayor. 

40.  Open  Doors.]  § 11.  It  shall  sit  with  open  doors. 

41.  Journal.]  § 12.  It  shall  keep  a journal  of  its  own 
proceedings. 

42.  Yeas  and  Nays  Record — Vote  Required.]  § 13. 

The  veas  and  nays  shall  be  taken  upon  the  passage  of  all 
ordinances,  and  on  all  propositions  to  create  any  liability 
against  the  city,  or  for  the  expenditure  or  appropriation  of  its 
money,  and  in  all  other  cases  at  the  request  of  any  member, 
which  shall  be  entered  on  the  journal  of  its  proceedings;  and 
the  concurrence  of  a majority  of  all  the  members  elected  in  the 
city  council  shall  be  necessary  to  the  passage  of  any  such 
ordinance  or  proposition : Provided,  it  shall  require  two-thirds 
of  all  the  aldermen  elect  to  sell  any  city  or  school  property. 


Of  the  City  Council. 


37 


43.  Not  to  Rescind  Vote  at  Special  Meeting — Unless — 
Etc.]  §14.  No  vote  of  the  city  council  shall  be  reconsid- 
ered or  rescinded  at  a special  meeting,  unless  at  such  special 
meeting  there  be  present  as  large  a number  of  aldermen  as 
were  present  when  such  vote  was  taken. 

44.  When  Report  Laid  Over.]  § 15.  Any  report  of  a 
committee  of  the  council  shall  be  deferred,  for  final  action 
thereon,  to  the  next  regular  meeting  of  the  same  after  the  re- 
port is  made,  upon  the  request  of  any  two  aldermen  present. 

45-  Territorial  Jurisdiction.]  § 16.  The  city  council 
and  board  of  trustees  shall  also  have  jurisdiction  in  and  over 
all  places  within  one-half  mile  of  the  city  or  village  limits,  for 
the  purpose  of  enforcing  health  and  quarantine  ordinances 
and  regulations  thereof. 

46-  Special  Meeting.]  § 17.  The  mayor  or  any  three 
aldermen  may  call  special  meetings  of  the  city  council. 

47.  Ordinances  Approval  Veto.]  § 18.  All  ordi- 
nances passed  by  the  city  council  shall,  before  they  take  effect, 
be  deposited  in  the  office  of  the  city  clerk;  and  if  the  mayor 
approves  thereof,  he  shall  sign  the  same,  and  such  as  he  shall 
not  approve  he  shall  return  to  the  council,  with  his  objections 
thereto,  in  writing,  at  the  next  regular  meeting  of  the  council 
occurring  not  less  than  five  days  after  the  passage  thereof. 
Such  veto  may  extend  to  any  one  or  more  items  or  appropria- 
tions contained  in  any  ordinance  making  an  appropriation,  or 
to  the  entire  ordinance;  and  in  case  the  veto  only  extends  to  a 
part  of  such  ordinance,  the  residue  thereof  shall  take  effect 
and  be  in  force.  But  in  case  the  mayor  shall  fail  to  return  any 
ordinance,  with  his  objections  thereto,  by  the  time  aforesaid, 
he  shall  be  deemed  to  have  approved  such  ordinance,  and  the 
same  shall  take  effect  accordingly. 

48-  Reconsideration— Passing  Over  Veto.]  § 19.  Upon 
the  return  of  any  ordinance  by  the  mayor,  the  vote  by  which 
the  same  was  passed  shall  be  reconsidered  by  the  council;  and? 


Statutes. 


38 

if,  after  such  reconsideration,  two-thirds  of  all  the  members 
elected  to  the  city  council  shall  agree,  by  yeas  and  nays,  to 
pass  the  same,  it  shall  go  into  effect,  notwithstanding  the 
mayor  may  refuse  to  approve  thereof.  The  vote  to  pass  the 
same  over  the  mayor’s  veto  shall  be  taken  by  yeas  and  naysy 
and  entered  on  the  journal. 


ARTICLE  IV. 

ELECTIONS. 

i.  See  Additional  Laws — Elections. 


Section. 

49.  Annual  Election . 

50.  Election  of  Mayor. 

51.  Who  Entitled  to  Vote. 

52.  Wards. 

53.  Aldermen  at  First  Election  Classified. 

54.  Minority  Representation. 

55.  Aldermen  Under  Minority  Representa- 

tion. 

56.  Aldermen  When  Minority  Plan  Not 

Adopted. 


Section. 

57.  Council  to  Designate  Place  of  Election , 

58.  Manner  of  Conducting  Elections. 

59.  Result— Tie. 

60.  Notice  to  Persons  Elected  or  Appointed, 

61.  Where  No  Quorum  in  Office— Special 

Election. 

62.  Special  Election. 


49.  Annual  Election.]  §1.  A general  election  for  city 
officers  shall  be  held  on  the  third  Tuesday  of  April,  of  each 
year:  Provided , that  in  cities  which  include  wholly  within 
their  corporate  limits  a town  or  towns,  such  elections  shall  be 
held  on  the  first  Tuesday  of  April.  [As  amended  by  act  ap- 
proved and  in  force  March  9,  1877. 

50.  Election  of  Mayor-  City  Clerk  Attorney  and 
Treasurer.]  ^ 2.  At  the  general  election  held  in  1877,  and 
biennially  thereafter,  a mayor,  a city  clerk,  a city  attorney,  and 
a city  treasurer  shall  be  elected  in  each  city:  Provided,  that 
no  person  shall  be  elected  to  the  office  of  city  treasurer  for  two 
terms  in  succession.  | As  amended  by  act  approved  and  in 
force  March  26,  1877* 

51.  Who  Entitled  to  Vote.  | ^ 3.  All  persons  entitled 


Elections. 


39 


to  vote  at  any  general  election  for  state  officers  within  any  city 
or  village,  having  resided  therein  thirty  days  next  preceding 
thereto,  may  vote  at  any  election  for  city  or  village  officers. 

52.  Wards.  ] §4.  The  city  council  of  any  city  in  this 

State,  whether  organized  jinder  this  act  or  under  any  special 
law  of  this  State,  may,  from  time  to  time,  divide  the  city  into 
one-half  as  many  wards  as  the  total  number  of  aldermen  to 
which  the  city  is  entitled;  and  one  alderman  shall  annually  be 
elected  in  and  for  each  ward,  to  hold  his  office  for  two  years, 
and  until  his  successor  is  elected  and  qualified.  In  the  forma- 
tion of  wards  the  population  of  each  shall  be  as  nearly  equal 
and  the  ward  shall  be  of  as  compact  and  contiguous  territory 
as  practicable.  [As  amended  by  act  approved  June  17,  1887, 

53.  Aldermen  at  First  Election — Classified.]  § 5.  At 

the  first  election  under  this  act,  there  shall  be  elected  the  full 
number  of  aldermen  to  which  the  city  shall  be  entitled.  At  the 
first  meeting  of  the  city  council  after  such  election,  the  aldermen 
elected  shall  be  divided,  by  lot,  into  two  classes:  those  of  the 
first  class  shall  continue  in  office  for  one  year,  and  those  of  the 
second  for  two  years.  And  upon  any  increase  of  the  number 
of  aldermen,  at  their  first  election,  one-half  shall  be  elected 
for  one  year,  and  one-half  for  two  years. 

54.  Minority  Representation.  ] §6.  Whenever  this  act 

shall  be  submitted  to  the  qualified  electors  of  any  city  for 
adoption,  there  shall  be  submitted  at  the  same  time  for  adoption 
or  rejection  the  question  of  minority  representation  in  the  city 
council  or  legislative  authority  of  such  city.  At  the  said  elec- 
tion the  ballot  shall  be  in  the  following  form:  “For  minority 
representation  in  the  city  council,”  or  “against  minority  repre- 
sentation in  the  city  conncil,”  and  at  any  subsequent  time,  on 
petition  of  the  legal  voters  equal  in  number  to  one-eighth  the 
number  of  legal  votes  cast  at  the  next  preceding  general  city 
election,  the  city  council  shall  cause  the  question  of  minoHty 
representation  to  be  submitted  to  the  legal  voters  of  said  city, 


Statutes. 


4° 

and  the  ballots  shall  be  in  form  as  provided  in  this  section: 
Provided , that  no  such  question  of  representation  shall  be 
submitted  more  than  once  in  every  two  years.  The  judges  of 
such  election  shall  make  returns  thereof  to  the  city  council, 
whose  duty  it  shall  be  to  canvass  such  returns,  and  to  cause 
the  result  of  such  canvass  to  be  entered  on  the  records  of  such 
city.  If  a majority  of  the  votes  cast  at  such  election  shall  be 
for  equal  representation  in  the  city  council,  then  the  members 
of  the  city  council,  or  legislative  authority  of  such  city,  shall 
be  thereafter  elected  in  the  following  manner:  The  council 
or  legislative  authority  of  such  city,  at  least  one  month  before 
the  general  election  in  the  year  in  which  this  act  shall  take 
effect  in  such  city,  shall  apportion  such  city  by  dividing  the 
population  thereof,  as  ascertained  by  the  last  Federal  Census, 
by  any  number  not  less  than  two,  nor  more  than  six,  and  the 
quotient  shall  be  the  ratio  of  representation  in  the  city  council. 
Districts  shall  be  formed  of  contiguous  and  compact  territory, 
and  contain,  as  near  as  practicable,  an  equal  number  of  inhab- 
itants: And  provided , Jur ther,  that  where  said  council  or  leg- 
islative authority  of  such  city  have  not  fixed  a ratio  of  repre- 
sentation and  formed  the  districts  or  wards,  at  the  time  above 
specified,  the  same  may  be  done  by  any  subsequent  board  of 
aldermen;  but  all  official  acts  heretofore  done,  and  ordinances 
heretofore  passed  by  any  board  of  aldermen  elected  at  large 
by  the  legal  electors  of  any  such  city  on  the  minority  repre- 
sentation plan,  shall  be  held  and  taken  by  all  courts  in  this 
State,  to  be  of  as  much  validity  and  binding  force  as  if  they 
had  been  elected  from  wards  or  districts.  [ As  amended  by 
act  approved  and  in  force  April  n,  1883. 

55.  Aldermen  Under  Minority  Plan.]  §7.  Everysuch 
district  shall  be  entitled  to  three  aldermen,  who  shall  hold 
their  office  for  two  years,  and  until  their  successors  shall  be 
elected  and  qualified.  At  the  first  general  election  for  mayor, 
after  the  passage  of  this  act,  and  every  two  years  thereafter, 
there  shall  be  elected  in  each  ward  as  many  aldermen  as  such 


Elections. 


41 

ward  shall  be  entitled  to:  Provided , that  aldermen  elected 
under  this  act,  in  wards  wherein  aldermen  were  elected  for 
two  years  at  the  last  previous  annual  election,  shall  not  take 
their  seats  as  such  until  the  terms  of  the  aldermen  last  aforesaid 
shall  expire.  Vacancies  shalljpe  tilled  at  an  election  to  be  held  by 
the  voters  of  the  district  in  which  such  vacancies  shall  occur, 
at  the  time  to  be  designated  by  the  city  council.  In  all  elections 
for  aldermen  aforesaid,  each  qualified  voter  may  cast  as  many 
votes  as  there  are  aldermen  to  be  elected  in  his  district,  or  may 
distribute  the  same,  or  equal  parts  thereof,  among  the  candi- 
dates as  he  shall  see  fit,  and  the  candidate  highest  in  votes 
shall  be  declared  elected.  [As  amended  by  act  approved  and 
in  force  April  n,  1883. 

56-  Aldermen  When  Minority  Plan  Not  Adopted.  | 

§8.  If  a majority  of  the  votes  cast  at  such  election  shall  be 
“Against  minority  representation  in  the  city  council,”  the 
preceding  section  shall  be  null  and  void,  so  far  as  it  relates  to 
such  city  at  such  election,  and  the  aldermen  of  such  city  shall 
be  elected  as  otherwise  provided  for  in  this  act. 

57-  Place  of  Election — Notice.]  § 9.  The  city  council 
shall  designate  the  place  or  places  in  which  the  election 
shall  be  held,  and  appoint  the  judges  and  clerks  thereof,  and 
cause  notice  to  be  printed  in  some  newspaper  published  in 
such  city,  if  there  be  one,  or  posted  at  each  voting  place  in 
such  city,  of  the  time,  places  of  election,  and  of  the  officers  to 
be  elected,  for  at  least  twenty  days  prior  to  such  election. 

58.  Manner  of  Conducting  Elections,  Etc.]  § 10. 

The  manner  of  conducting  and  voting  at  elections  to  be  held 
under  this  act  and  contesting  the  same,  the  keeping  of  poll 
lists  and  canvassing  the  votes,  shall  be  the  same,  as  nearly  as 
may  be,  as  in  the  case  of  the  election  of  county  officers,  under 
the  general  laws  of  this  state.  The  judges  of  election  shall 
appoint  clerks,  when  necessary  to  fill  vacancies,  and  the  judges 
and  clerks  shall  take  the  same  oath  and  have  the  same  powers 


42 


Statutes. 


and  authority  as  the  judges  and  clerks  of  general  state  elec- 
tions. After  the  closing  of  the  polls,  the  ballots  shall  be 
counted  and  the  returns  made  out  and  returned,  under  seal, 
to  the  city  or  village  clerk,  as  the  case  may  be,  within  two 
days  after  the  election;  and,  thereupon,  the  city  council  or 
board  of  trustees,  as  the  case  may  be,  shall  examine  and  can- 
vass the  same  and  declare  the  result  of  the  election,  and  cause 
a statement  thereof  to  be  entered  upon  its  journals. 

59.  Result — Tie.]  § n.  The  person  having  the  high- 
est number  of  votes,  for  any  office,  shall  be  declared  elected. 
In  case  of  a tie  in  the  election  of  any  city  or  village  officer,  it 
shall  be  determined  by  lot,  in  presence  of  the  city  council 
or  board  of  trustees,  in  such  manner  as  they  shall  direct, 
which  candidate  or  candidates  shall  hold  the  office. 

60.  Notice  to  Persons  Elected  or  Appointed  ] § 12. 

It  shall  be  the  duty  of  the  village  or  city  clerk,  within  five 
days  after  the  result  of  the  election  is  declared  or  appointment 
made,  to  notify  all  persons  elected  or  appointed  to  office  of 
their  election  or  appointment,  and  unless  such  persons  shall 
respectively  qualify  in  ten  days  after  such  notice,  the  office 
shall  become  vacant. 

61-  When  No  Quorum  in  Office — Special  Election.]  § 13. 

If,  for  any  cause,  there  shall  not  be  a quorum  in  office  of  the 
city  council  or  board  of  trustees,  the  mayor,  clerk,  or  any 
alderman  or  trustee,  as  the  case  may  be,  may  appoint  the 
time  and  place  for  holding  a special  election  to  supply  such 
vacancy  and  give  notice  and  appoint  the  judges  thereof. 

62-  Special  Elections.  | § 14.  If  there  is  a failure  to 

elect  any  officer  herein  required  to  be  elected,  or  the  person 
elected  should  fail  to  qualify,  the  city  council  or  board  of 
trustees  may  forthwith  order  a new  election  therefor;  and  in 
all  cases,  when  necessary  for  the  purposes  of  this  act,  may 
call  special  elections,  appoint  judges  and  clerks  thereof,  can- 
vass the  returns  thereof,  and  provide  by  ordinance  for  the 


Powers  of  the  City  Council. 


43 


mode  of  conducting  the  same;  and  shall  give  notice  of  such 
special  elections,  in  which  shall  be  stated  the  questions  to  be 
voted  upon,  and  cause  such  notices  to  be  published  or  posted 
for  the  same  length  of  time  and  in  the  same  manner  as  is  re- 
quired in  the  case  of  regular-annual  elections  in  such  cities  or 
villages. 

o 


ARTICLE  V. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 


Section . 

63.  General  Powers  of  Council. 

64.  Emergency. 

65.  May  License  Itinerant  Merchants. 

66.  May  License  Engineers— Penalty. 

67.  Board  to  Examine— License. 

68.  Style  of  Ordinances. 

69.  Publication  of  Ordinances— When  to 

take  Effect. 

70.  Proot  of  Ordinances. 

71.  Suits  lor  Violating  Ordinances. 


Section. 

72.  Fines  and  Licenses— Paid  to  Treasurer. 

73.  Summons— Affidavit — Punishment. 

74.  Jurisdiction  of  Justices, 

75.  Constable  or  Sheriff  May  Serve  Pro- 

cess. 

76.  Jurisdiction  Over  Waters— Street  La- 

bor. 

77.  Labor  on  Streets. 

78.  Fines  and  Penalties. 


63-  Penalties.]  § 1.  The  city  council  in  cities,  and  pres- 
ident and  the  board  of  trustees  in  the  villages,  shall  have  the 
following  powers: 

First — To  control  the  finances  and  property  of  the  corpora- 
tion. 

Second — To  appropriate  money  for  corporate  purposes 
only,  and  provide  for  payment  of  debts  and  expenses  of  the 
corporation. 

Third — To  levy  and  collect  taxes  for  general  and  special 
purposes  on  real  and  personal  property. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing 
and  revoking  licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation 
for  corporate  purposes,  and  issue  bonds  therefor,  in  such 
amounts  and  form,  and  on  such  conditions  as  it  shall  pre- 
scribe, but  shall  not  become  indebted  in  any  manner  or  for 


44 


Statutes. 

any  purpose  to  an  amount,  including  existing  indebtedness,  in 
the  aggregate  to  exceed  live  (5)  per  centum  on  the  value  of 
the  taxable  property  therein,  to  be  ascertained  by  the  last  as- 
sessment for  the  state  and  county  taxes  previous  to  the  incur- 
ring of  such  indebtedness,  and  before  or  at  the  time  of  incur- 
ring any  indebtedness,  shall  provide  for  the  collection  of  a 
direct  annual  tax  sufficient  to  pay  the  interest  on  such  debt  as 
it  falls  due,  and  also  to  pay  and  discharge  the  principal  there- 
of within  twenty  years  after  contracting  the  same. 

Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to 
meet  maturing  bonds,  or  for  the  consolidation  or  funding  of 
the  same. 

Seventh — To  lay  out,  to  establish,  open,  alter,  widen,  ex- 
tend, grade,  pave  or  otherwise  improve  streets,  alleys,  ave- 
nues, sidewalks,  wharves,  parks  and  public  grounds,  and 
vacate  the  same. 

Eighth — To  plant  trees  upon  the  same. 

Ninth- — To  regulate  the  use  of  the  same. 

Tenth — To  prevent  and  remove  encroachments  or  obstruc- 
tions upon  the  same. 

Eleventh— To  provide  for  the  lighting  of  the  same. 

Twelfth — To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying 
of  gas  or  water  mains  and  pipes,  and  the  building  and  ’repair- 
ing of  sewers,  tunnels  and  drains,  and  erecting  gas  lights: 
Provided , however , that  any  company  heretofore  organized 
under  the  general  laws  of  this  State,  or  any  association  of  per- 
sons organized,  or  which  may  be  hereafter  organized  for  the 
purpose  of  manufacturing  illuminating  gas  to  supply  cities  or 
villages,  or  the  inhabitants  thereof,  with  the  same,  shall  have 
the  right,  by  consent  of  the  common  council  (subject  to  exist- 
ing  rights),  to  erect  gas  factories,  and  lay  down  pipes  in  the 
streets  or  alleys  of  any  city  or  village  of  this  State,  subject  to 
such  regulations  as  any  such  city  or  village  may  by  ordinance 
impose. 


Pow  ers  oi  the  City  Council. 


45 


Fourteenth — To  regulate  the  use  of  sidewalks  and  all  struc- 
lures  thereunder;  and  to  require  the  owner  or  occupant  of  any 
premises  to  keen  the  sidewalks  in  front  of,  or  along  the  same, 
free  from  snowr  and  other  obstructions. 

Fifteenth — To  regulate  ancTprevent  the  throwing  or  depos- 
iting of  ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in, 
and  to  prevent  injury  to  any  street,  avenue,  alley,  or  public 
ground. 

Sixteenth — To  provide  for  and  regulate  crosswalks,  curbs 
and  gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets, 
sidewalks  and  public  grounds  for  signs,  sign  posts,  awnings, 
awning  posts,  telegraph  poles,  horse  troughs,  racks,  posting 
hand  bills  and  advertisements. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or  car- 
rying of  banners,  placards,  advertisements  or  hand  bills  in  the 
streets  or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags, 
banners  or  signs  across  the  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets, 
sidewalks  and  public  places. 

Twenty -first — To  regulate  the  speed  of  horses  and  other 
animals,  vehicles,  cars  and  locomotives  within  the  limits  of  the 
corporation. 

Twenty-second — To  regulate  the  numbering  of  houses  and 
lots. 

Twenty-third’ — To  name  and  change  the  name  of  any  street, 
avenue,  alley,  or  other  public  place. 

Twenty-fourth — To  permit,  regulate  or  prohibit  the  locat- 
ing, constructing,  or  laying  a track  of  any  horse  railroad  in 
any  street,  alley  or  public  place;  but  such  permission  shall  not 
be  for  a longer  time  than  twenty  years. 

Twenty-fifth — To  provide  for  and  change  the  location, 
grade  and  crossings  of  any  railroad.  » 

Twenty-sixth — To  require  railroad  companies  to  fence  their 


46 


Statutes. 


respective  railroads,  or  any  portion  of  the  same,  and  to  con- 
struct cattle  guards,  crossings  of  streets  and  public  roads,  and 
keep  the  same  in  repair  within  the  limits  of  the  corporation. 
In  case  any  railroad  company  shall  fail  to  comply  with  any 
such  ordinance,  it  shall  be  liable  for  all  damages  the  owner  of 
any  cattle  or  horses,  or  other  domestic  animal,  may  sustain  by 
reason  of  injuries  thereto  while  on  the  track  of  such  railroad, 
in  like  manner  and  extent  as  under  the  general  laws  of  this 
State,  relative  to  the  fencing  of  railroads;  and  actions  to  re- 
cover such  damages  may  be  instituted  before  any  justice  of  the 
peace  or  other  court  of  competent  jurisdiction. 

Twenty-seventh — To  require  railroad  companies  to  keep 
flagmen  at  railroad  crossings  of  streets,  and  provide  protec- 
tion against  injury  to  persons  and  property  in  the  use  of  such 
railroads.  To  compel  such  railroads  to  raise  or  lower  their 
railroad  tracks  to  conform  to  any  grade  which  may,  at  any 
time,  be  established  by  such  city,  and  where  such  tracks  run 
lengthwise  of  any  such  street,  alley  or  highway,  to  keep  their 
railroad  tracks  on  a level  with  the  street  surface,  and  so  that 
such  tracks  may  be  crossed  at  any  place  on  such  street,  alley 
or  highway.  To  compel  and  require  railroad  companies  to 
make  and  keep  open  and  to  keep  in  repair  ditches,  drains, 
sewers  and  culverts  along  and  under  their  railroad  tracks,  so 
that  filthy  or  stagnant  pools  of  water  cannot  stand  on  their 
grounds  or  right  of  way,  and  so  that  the  natural  drainage  of 
adjacent  property  shall  not  be  impeded. 

Twenty- eighth — To  construct  and  keep  in  repair  bridges, 
viaducts  and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth — To  construct  and  keep  in  repair  culverts, 
drains,  sewers  and  cess  pools,  and  to  regulate  the  use  thereof. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter,  or 
chanire  the  channel  of  water  courses. 

o 

Thirty-first — To  construct  and  keep  in  repair  canals  and 
slips  for  the  accommodation  of  commerce. 


Powers  of  the  City  Council. 


47 


Thirty-second — To  erect  and  keep  in  repair  public  landing 
places,  wharves,  docks  and  levees. 

Thirty-third — To  regulate  and  control  the  use  of  public  and 
private  landing  places,  wharves,  docks  and  levees. 

Thirty-fourth — To  control  and  regulate  the  anchorage, 
moorage  and  landing  of  all  water  craft  and  their  cargoes 
within  the  jurisdiction  of  the  corporation. 

Thirty-fifth — To  license,  regulate  and  prohibit  wharf-boats, 
tugs  and  other  boats  used  about  the  harbor,  or  within  such 
jurisdiction. 

Thirty-sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty -seventh — To  collect  wharfage  and  dockage  from  all 
boats,  rafts,  or  other  craft  landing  at  or  using  any  public 
landing  place,  wharf,  dock  or  levee  within  the  limits  of  the 
corporation. 

Thirty-eighth — To  make  regulations  in  regard  to  the  use  of 
harbors,  towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-ninth — To  appoint  harbor  masters  and  define  their 
duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of 
waters,  water-courses  and  canals,  and  the  draining  or  filling 
of  ponds  on  private  property,  whenever  necessary  to  prevent 
or  abate  nuisances. 

Forty-first — To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers  and  pawnbrokers,  keepers  of  ordinaries,  the- 
atricals and  other  exhibitions,  shows  and  amusements,  and  to 
revoke  such  license  at  pleasure. 

Forty-second — To  license,  tax  and  regulate  hackmen,  dray- 
men, omnibus  drivers,  carters,  cabmen,  porters,  expressmen, 
and  all  others  pursuing  like  occupations,  and  to  prescribe 
their  compensation. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners 
for  stages,  cars,  public  houses  or  other  things  or  persons. 

Forty -fourth — To  license,  regulate,  tax  or  prohibit  and  sup- 
press billiard,  bagatelle,  pigeon-hole  or  any  other  tables  or  im- 


48 


Statutes. 


plements  kept  or  used  for  a similar  purpose  in  any  place  of 
public  resort,  pin  alleys  and  ball  alleys. 

Forty-fifth — To  suppress  bawdy  and  disorderly  houses, 
houses  of  ill-fame  or  assignation,  within  the  limits  of  the  city, 
and  within  three  miles  of  the  outer  boundaries  of  the  city; 
and  also  to  suppress  gaming  and  gambling  houses,  lotteries 
and  all  fraudulent  devices  and  practices,  for  the  purpose  of 
gaming  or  obtaining  money  or  property;  and  to  prohibit  the 
sale  or  exhibition  of  obscene  or  immoral  publications,  prints, 
pictures  or  illustrations. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling 
or  giving  away  of  any  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquor,  *the  license  not  to  extend  beyond  the  munic- 
ipal vear  in  which  it  shall  be  granted,  and  to  determine  the 
amount  to  be  paid  for  such  license : Provided,  that  the  city 
council  in  cities,  or  president  and  board  of  trustees  in  villages, 
may  grant  permits  to  druggists  for  the  sale  of  liquors  for 
medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  subject  to  forfeiture,  and  under  such  restrictions  and 
regulations  as  may  be  provided  by  ordinance:  Provided, 
further,  that  in  granting  licenses,  such  corporate  authorities 
shall  comply  with  whatever  general  law  of  the  State  may  be 
in  force  relative  to  the  granting  of  licenses. 

Forty-seventh — The  foregoing  shall  not  be  construed  to 
affect  the  provisions  of  the  charter  of  any  literary  institution 
heretofore  granted. 

Forty-eighth — And  the  city  council  in  cities,  and  president 
and  board  of  trustees  in  villages,  shall  also  have  the  power  to 
forbid  and  punish  the  selling  or  giving  away  of  any  intoxicat- 
ing, malt,  vinous,  mixed  or  fermented  liquor  to  any  minor, 
apprentice  or  servant  or  insane,  idiotic  or  distracted  person, 
habitual  drunkard,  or  person  intoxicated. 

Forty-ninth — To  establish  markets  and  market-houses,  and 
provide  for  the  regulation  and  use  thereof.  ‘ 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  but- 


Powers  of  the  City  Council. 


49 


ter,  cheese,  lard,  vegetables,  and  all  other  provisions,  and  to 
provide  for  place  and  manner  of  selling  the  same. 

Fifty  first — To  prevent  and  punish  forestalling  and  regrat- 
ing. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or 
village;  prescribe  the  weight  and  quality  of  the  bread  in  the 
loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton, 
tobacco,  flour,  meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and 
measuring  of  brick,  lumber,  firewood,  coal,  hay  and  any 
article  of  merchandise. 

Fifty-fifth — To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Fifty -sixth — To  enforce  the  keeping  and  use  of  proper 
weights  and  measures  by  vendors. 

Fifty-seventh — To  regulate  the  construction,  repairs  and 
use  of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and 
gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling, 
dog  fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth — To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength  and  man- 
ner of  constructing  stone,  brick  and  other  buildings,  and  con- 
struction of  fire  escapes  therein. 

Sixty-second — The  city  council,  and  the  president  and 
trustees  in  villages,  for  the  purpose  of  guarding  against  the 
calamities  of  fire,  shall  have  power  to  prescribe  the  limits 
within  which  wooden  buildings  shall  not  be  erected  or  placed, 
or  repaired,  without  permission,  and  to  direct  that  all  and  any 
buildings,  within  the  fire  limits,  when  the  same  shall  have 
been  damaged  by  fire,  decay  or  otherwise,  to  the  extent  of 


5o 


Statutes. 


fifty  per  cent,  of  the  value,  shall  be  tom  down  or  removed, 
and  to  prescribe  the  manner  of  ascertaining  such  damage. 

Sixty-third — To  prevent  the  dangerous  construction  and 
condition  of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes, 
ovens,  boilers  and  apparatus  used  in  and  about  any  building 
and  manufactory,  and  to  cause  the  same  to  be  removed  or 
placed  in  a safe  condition,  when  considered  dangerous;  to  reg- 
ulate and  prevent  the  carrying  on  of  manufactories  dangerous 
in  causing  and  promoting  fires;  to  prevent  the  deposit  of 
ashes  in  unsafe  places,  and  to  cause  all  such  buildings  and  en- 
closures as  may  be  in  a dangerous  state  to  be  put  in  a safe 
condition. 

Sixty -fourth — To  erect  engine  houses,  and  provide  fire  en- 
gines, hose  carts,  hooks  and  ladders,  and  other  implements  for 
prevention  and  extinguishment  of  fires,  and  provide  for  the 
use  and  management  of  the  same  by  voluntary  fire  companies 
or  otherwise. 

Sixty-fifth — To  regulate  and  prevent  storage  of  gunpowder, 
tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton, 
nitro-glycerine,  petroleum,  or  any  of  the  products  thereof,  and 
other  combustible  or  explosive  material,  and  the  use  of  lights 
in  stables,  shops  and  other  places,  and  the  building  of  bonfires; 
also  to  regulate  and  restrain  the  use  of  fireworks,  fire-crack- 
ers,  torpedoes,  Roman  candles,  sky-rockets  and  other  pyro- 
technic displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village, 
and  pass  and  enforce  all  necessary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam 
boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a su- 
perintendent of  police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction  and  workhouses  for  the  reformation  and 
confinement  of  vagrants,  idle  and  disorderly  persons,  and  per- 
sons convicted  of  violating  any  city  or  village  ordinance,  and 


Powers  of  the  City  Council. 


5i 


make  rules  and  regulations  for  the  government  of  the  same, 
and  appoint  necessary  keepers  and  assistants. 

Seventieth — To  use  the  county  jail  for  the  confinement  or 
punishment  of  offenders,  subject  to  such  conditions  as  are  im- 
posed by  law,  and  with  the  consent  of  the  county  board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  re- 
lation between  all  the  officers  and  employes  of  the  corporation 
in  respect  to  each  other,  the  corporation  and  the  people. 

Seventy-second — To  prevent  and  suppress  riots,  routs,  af- 
frays, noises,  disturbances,  disorderly  assemblies  in  any  public 
or  private  place. 

Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth — To  restrain  and  punish  vagrants,  mendi- 
cants and  prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a nuisance,  and  to 
abate  the  same;  and  to  impose  fines  upon  parties  who  may 
create,  continue  or  suffer  nuisances  to  exist. 

Seventy-sixth — To  appoint  a board  of  health,  and  prescribe 
its  powers  and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  med- 
ical dispensaries,  and  control  and  regulate  the  same. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which 
may  be  necessary  or  expedient  for  the  promotion  of  health  or 
the  suppression  of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries  with- 
in or  without  the  corporation,  and  acquire  lands  therefor,  by 
purchase  or  otherwise,  and  cause  cemeteries  to  be  removed, 
and  prohibit  their  establishment  within  one  mile  of  the  corpo- 
ration. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running 
at  large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs, 
and  to  impose  a tax  on  dogs. 

Eighty-first — To  direct  the  location  and  regulate  the  man- 
agement and  construction  of  packing  houses,  renderies,  tallow 


52 


Statutes. 


chandleries,  bone  factories,  soap  factories  and  tanneries  with- 
in the  limits  of  the  city  or  village,  and  within  the  distance  of 
one  mile  without  the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use 
and  construction  of  breweries,  distilleries,  livery  stables,  black- 
smith shops  and  foundries  within  the  limits  of  the  city  or 
village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome 
business  or  establishment  within,  or  within  one  mile  of  the 
limits  of  the  corporation. 

E ighty -Jour th — To  compel  the  owner  of  any  grocery,  cel- 
lar, soap  or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy, 
sewer  or  other  unwholesome  or  nauseous  house  or  place,  to 
cleanse,  abate,  or  remove  the  same,  and  to  regulate  the  loca- 
tion thereof. 

Eighty-fifth — The  city  council  or  trustees  of  a village,  shall 
have  power  to  provide  for  the  taking  of  the  city  or  village 
census,  but  no  city  or  village  census  shall  be  taken  by 
authority  of  the  council  or  trustees  oftener  than  once  in  three 
years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of 
public  buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty-seventh — To  establish  ferries,  toll  bridges,  and  li- 
cense and  regulate  the  same,  and  from  time  to  time  fix  tolls 
thereon. 

Eighty-eighth  — To  authorize  the  construction  of  mills, 
mill-races,  and  feeders  on,  through  or  across  the  streets  of  the 
city  or  village,  at  such  places  and  under  such  restrictions  as 
they  shall  deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  con- 
demnation or  otherwise,  to  extend  any  street,  alley  or  highway 
over  or  across,  or  to  construct  any  sewer  under  or  through 
any  railroad  track,  right  of  way,  or  land  of  any  railroad  com- 
pany (within  the  corporate  limits);  but  where  no  compensa- 


Powers  of  the  City  Council. 


53 


tion  is  made  to  such  railroad  company,  the  city  shall  restore 
such  railroad  track,  right  of  way  or  land  to  its  former  state, 
or  in  a sufficient  manner  not  to  have  impaired  its  usefulness. 

Ninetieth — The  city  council  or  board  of  trustees  shall  have 
no  power  to  grant  the  use  of  or  the  right  to  lay  down  any 
railroad  tracks  in  any  street  of  the  city  to  any  steam,  dummy, 
electric,  cable,  horse,  or  other  railroad  company,  whether  the 
same  shall  be  incorporated  under  any  general  or  special  law 
of  the  State,  now  or  hereafter  in  force,  except  upon  the  peti- 
tion of  the  owners  of  the  land  representing  more  than  one- 
half  of  the  frontage  of  the  street,  or  so  much  thereof  as  is 
sought  to  be  used  for  railroad  purposes,  and  when  the  street 
or  part  thereof  sought  to  be  used  shall  be  more  than  one  mile 
in  extent,  no  petition  of  land  owners  shall  be  valid  unless  the 
same  shall  be  signed  by  the  owners  of  the  land  representing 
more  than  one-half  of  the  frontage  of  each  mile  and  of  the 
fraction  of  a mile  if  any  in  excess  of  the  whole  miles,  measur- 
ing from  the  initial  point  named  in  such  petition,  of  such  street 
or  of  the  part  thereof  sought  to  be  used  for  railroad  purposes. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  dis- 
tillers, brewers,  lumber  yards,  livery  stables,  public  scales, 
money  changers  and  brokers. 

Ninety -second — To  prevent  and  regulate  the  rolling  of 
hoops,  playing  of  ball,  flying  of  kites,  or  any  other  amusement 
or  practice  having  a tendency  to  annoy  persons  passing  in  the 
streets  or  on  the  sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third — To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber, 
timber,  wood  or  other  combustible  material,  within  the  fire 
limits  of  the  city. 

Ninety-fourth — To  provide  by  ordinance,  that  all  the  pa- 
per, printing,  stationery,  blanks,  fuel,  and  all  the  supplies 
needed  for  the  use  of  the  city,  shall  be  furnished  by  contract 
let  to  the  lowest  bidder. 


54 


Statutes. 


Ninety-fifth — To  tax,  license  and  regulate  second-hand  and 
junk  stores,  and  to  forbid  their  purchasing  or  receiving  from 
minors,  without  the  written  consent  of  their  parents  or  guard- 
ians, any  article  whatsoever. 

Ninety -sixth — To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary,  to  carry  into  effect  the  pow- 
ers granted  to  cities  or  villages,  with  such  fines  or  penalties  as 
the  city  council  or  board  of  trustees  shall  deem  proper:  Pro- 
vided, no  fine  or  penalty  shall  exceed  $200.00,  and  no  impris- 
onment shall  exceed  six  months  for  one  offense.  [As  amended 
by  act  approved  and  in  force  March  30,  1887. 

64.  Emergency.  § 2.  Whereas,  some  question  exists  as 
to  the  necessity  of  a petition  signed  by  the  property  owners  to 
authorize  the  granting  to  companies  organized  under  what  is 
known  as  the  Horse  and  Dummy  Act,  the  right  to  use  streets; 
therefore,  an  emergency  exists,  and  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage.  [As  amended  by 
act  approved  and  in  force  March  30,  1887. 

AN  ACT  to  extend  the  powers  of  the  city  council  in  cities,  and  the 
president  and  board  of  trustees  in  villages  and  incorporated 
towns  [Approved  June  16,  1887.  In  force  July  1,  1887. 

65.  Power  to  License,  Tax,  Etc. — Itinerant  Merchants, 
Etc.]  § 1.  That  the  city  council  in  cities,  and  the  president 
and  board  of  trustees  in  villages  and  incorporated  towns,  shall 
have  power  to  license,  tax,  regulate,  suppress  or  prohibit  itin- 
erant merchants  and  transient  venders  of  merchandise. 

AN  ACT  to  insure  the  better  protection  of  life  and  property  from  steam 

boiler  explosions.  [Approved  June  3,  1889.  In  force  July  1,  1889. 

66.  Persons  in  Charge  of  Steam  Boilers — License — 
Penalty.  ] § 1.  That  the  city  council  in  cities,  and  the  president 
and  board  of  trustees  in  towns  and  villages,  shall  have  power 
to  adopt  ordinances  within  their  respective  limits,  to  provide 
for  the  examination,  licensing  and  regulation  of  persons  hav- 


Powers  of  the  City  Council. 


55 


ing  charge  of  steam  boilers  under  steam  pressure,  exhausting 
through  an  engine,  to  fix  the  amount,  terms  and  manner  of  is- 
suing and  revoking  licenses  to  such  persons;  to  provide,,  that  it 
shall  not  be  lawful  for  any  person  to  exercise,  within  the  limits 
of  the  respective  cities,  towns  and  villages  which  mav  adopt 
such  ordinances,  the  business  of  operating  steam  boilers,  under 
steam  pressure,  exhausting  through  an  engine,  without  a li- 
cense; and  to  provide  that  any  person  violating  the  provisions 
of  such  ordinances  shall  be  liable  to  a penalty  for  each  breach 
thereof. 

67.  Board  to  Examine — License,  Etc  ] § 2.  To  re- 

quire that  all  persons  engaged  in  such  occupation  within  the 
jurisdiction  of  such  towns,  cities,  and  villages  so  adopting  such 
ordinances,  shall  submit  to  an  examination  by  a competent 
board  of  examiners  to  be  appointed  by  such  councils  and 
boards  of  trustees,  touching  their  competency  and  qualifica- 
tions in  regard  to  such  vocations,  with  power  to  such  board  of 
examiners  to  license  such  persons  as  may  be  found  capable 
and  trustworthy  in  that  behalf. 

68.  Style  of  Ordinances.]  § 2.  The  style  of  the  ordi- 

nances in  cities  shall  be : “Be  it  ordained  by  the  City  Coun- 
cil of ” 

69.  Publication  of  Ordinances— When  Take  Effect.] 

§ 3.  All  ordinances  of  cities  and  villages  imposing  any  fine, 
penalty,  imprisonment  or  forfeiture,  or  making  any  appropria- 
tion, shall,  within  one  month  after  they  are  passed,  be  pub- 
lished at  least  once  in  a newspaper  published  in  the  city  or 
village,  or,  if  no  such  newspaper  is  published  therein,  by  post- 
ing copies  of  the  same  in  three  public  places  in  the  city  or  vil- 
lage; and  no  such  ordinance  shall  take  effect  until  ten  days 
after  it  is  so  published.  And  all  other  ordinances,  orders  and 
resolutions  shall  take  effect  from  and  after  their  passage,  un- 
less otherwise  provided  therein. 

70.  Proof  of  Ordinance.]  § 4.  All  ordinances  and  the 


56 


Statutes. 


date  of  publication  thereof,  may  be  proven  bv  the  certificate 
of  the  clerk,  under  the  seal  of  the  corporation.  And  when 
printed  in  book  or  pamphlet  form  and  purporting  to  be 
published  by  authority  of  the  board  of  trustees  or  the  city 
council,  the  same  need  not  be  otherwise  published;  and  such 
book  or  pamphlet  shall  be  received  as  evidence  of  the  passage 
and  legal  publication  of  such  ordinances,  as  of  the  dates  men- 
tioned in  such  book  or  pamphlet,  in  all  courts  and  places  with- 
out further  proof. 

71.  Suits  for  Violating  Ordinances.  | § 5.  All  actions 

brought  to  recover  any  fine,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village,  shall  be  brought  in  the 
corporate  name  of  the  city  or  village  as  plaintiff,  and  no 
prosecution,  recovery  or  acquittal,  for  the  violation  of  any 
such  ordinance,  shall  constitute  a defense  to  any  other  prose- 
cution of  the  same  party  for  any  other  violation  of  any  such 
ordinance,  although  the  different  causes  of  action  existed  at 
the  same  time,  and,  if  united  would  not  have  exceeded  the 
jurisdiction  of  the  court  or  magistrate. 

72  Fines  and  Licenses — Paid  to  Treasurer.]  § 6.  All 

fines  and  forfeitures  for  the  violation  of  ordinances,  when  col- 
lected, and  all  moneys  collected  for  licenses  or  otherwise,  shall 
be  paid  into  the  treasury  of  the  corporation,  at  such  times  and 
in  such  manner  as  may  be  prescribed  by  ordinance. 

73-  Summons — Affidavit— Punishment.  | § 7.  In  all 

actions  for  the  violation  of  any  ordinance,  the  first  pro- 
cess shall  be  a summons:  Provided,  however,  that  a warrant 
for  the  arrest  of  the  offender  may  issue  in  the  first  instance 
upon  the  affidavit  of  any  person  that  any  such  ordinance  has 
been  violated,  and  that  the  person  making  the  complaint  has 
reasonable  grounds  to  believe  the  party  charged  is  guilty 
thereof;  and  any  person  arrested  upon  such  warrant,  shall, 
without  unnecessary  delay,  be  taken  before  the  proper  officer 
to  be  tried  for  the  alleged  offense.  Any  person  upon  whom 


Powers  of  the  City  Council. 


57 


any  fine  or  penalty  shall  be  imposed,  may,  upon  the  order  of 
the  court  or  magistrate  before  whom  the  conviction  is  had, 
be  committed  to  the  county  jail  or  the  calaboose,  city  prison, 
work-house,  house  of  correction,  or  other  place  provided  by 
the  city  or  village  for  the  incarceration  of  offenders,  until  such 
fine,  penalty  and  cost  shall  be  fully  paid : Provided , that  no 
such  imprisonment  shall  exceed  six  months  for  any  one  offense. 
The  city  council  or  board  of  trustees  shall  have  power  to  pro- 
vide by  ordinance,  that  every  person  so  committed  shall  be 
required  to  work  for  the  corporation,  at  such  labor  as  his  or 
her  strength  will  permit,  within  and  without  such  prison, 
work-house,  house  of  correction,  or  other  place  provided  for 
the  incarceration  of  such  offenders,  not  exceeding  ten  hours 
each  working  day;  and  for  such  work  the  person  so  employed 
to  be  allowed,  exclusive  of  his  or  her  board,  $2  for  each  day’s 
work  on  account  of  such  fine  and  cost. 

74-  Jurisdiction  of  Justices,  Etc.]  § 8.  Any  and  all 

justices  of  the  peace  and  police  magistrates  shall  have  juris- 
diction in  all  cases  arising  under  the  provisions  of  this  act,  or 
any  ordinance  passed  in  pursuance  thereof. 

75-  Constable  or  Sheriff  May  Serve  Process,  Etc.] 

§ 9.  Any  constable  or  sheriff  of  the  county  may  serve  any 
process,  or  make  any  arrest  authorized  to  be  made  by  any  city 
officer. 

76.  Jurisdiction  Over  Waters — Street  Labor.]  § 10. 

The  city  or  village  government  shall  have  jurisdiction  upon 
all  waters  within  or  bordering  upon  the  same,  to  the  extent  of 
three  miles  beyond  the  limits  of  the  city  or  village,  but  not  to 
exceed  the  limits  of  the  state;  and  may,  by  ordinance,  require 
every  able-bodied  male  inhabitant,  of  such  city  or  village, 
above  the  age  of  twenty-one  years  and  under  the  age  of  fifty 
years,  (excepting  paupers,  idiots,  lunatics,  and  such  others  as 
are  exempt  by  law),  to  labor  on  the  streets  and  alleys  of  such 
city  or  village,  not  more  than  three  days  in  each  year,  but 


5§ 


Statutes. 


such  ordinance  shall  provide  for  commutation  of  such  labor  at 
not  more  than  one  dollar  and  fifty  cents  per  day.  [As  amend- 
ed by  act  approved  April  io,  1875. 

AN  ACT  providing  for  labor  on  the  streets  and  alleys  of  all  cities  and 
villages  in  this  State.  Approved  May  31,  1879.  In  force  July 
1,  1879. 

77-  Labor  on  Streets,  Etc.]  § 1.  That  the  city  coun- 
cil in  all  cities  and  the  president  and  board  of  trustees  in  all 
villages  in  this  state,  may  have  power,  by  ordinance,  to  require 
every  able  bodied  male  inhabitant  of  any  such  city  or  village, 
above  the  age  of  twenty-one  years,  and  under  the  age  of  fifty 
years  (excepting  paupers,  idiots,  lunatics,  and  such  others  as 
are  exempt  by  law),  to  labor  on  the  streets  and  alleys  of  any 
such  city  or  village,  not  more  than  two  (2)  days  in  each  year; 
but  such  ordinance  shall  provide  for  commutation  of  such 
labor  at  seventy-five  cents  per  day. 

78-  Fines  and  Penalties.]  § 2.  Any  such  city  coun- 
cil or  president  and  board  of  trustees  or  any  such  village  shall 
have  power,  by  ordinance,  to  provide  such  fines  and  penalties 
as  may  be  necessary  to  enforce  the  provisions  of  this  act. 

ARTICLE  VI. 

OFFICERS THEIR  POWERS  AND  DUTIES. 


Section. 

79.  Officers. 

80.  Other  Officers— Duties  of  City  Marshal. 

81.  Appointment  — Vacancies  — Duties  — 

Powers. 

82.  Oath — Bond. 

83.  Commission  — Certificate  — Delivery  to 

Successor. 

84.  Qualification  of  Officers. 

85.  Not  Interested  in  Contracts. 

86.  Bribery- Penalty. 

87.  Mayor,  etc..  Not  to  Hold  Other  Office. 

88.  Duties  of  Clerk. 

89.  Record  of  Ordinances. 


Section. 

90.  Conservators  of  Peace — Powers. 

91.  What  Shall  Be  a Police  District. 

92.  Police  to  Suppress  Riot,  etc. — Duty  ot 

Mayor. 

93.  Emergency. 

94.  Compensation  of  Mayor. 

95.  Compensation  of  Aldermen  and  Trus- 

tees. 

96.  Compensation  of  Other  Officers. 

97.  When  to  be  Fixed — Not  to  be  Changed 

During  Term. 

98.  Emergency. 

99.  Administering  Oaths. 


79.  Officers.  | § 1.  There  shall  be  elected,  in  all  cities 


Officers,  Their  Powers  and  Duties. 


59 


organized  under  this  act,  the  following  officers,  viz. : A mayor, 
a city  council,  a city  clerk,  city  attorney,  and  a city  treasurer. 

80-  Other  Officers— Duties  of  City  Marshal.]  § 2.  The 

city  council  may,  in  its  discretion,  from  time  to  time,  by  ordinance 
passed  by  a vote  of  two-thirds  of  all  the  aldermen  elected, 
provide  for  the  election  by  the  legal  voters  of  the  city,  or  the 
appointment  by  the  mayor,  with  the  approval  of  the  city  coun- 
cil, of  a city  collector,  a city  marshal,  a city  superintendent  of 
streets,  a corporation  counsel,  a city  comptroller,  or  any  or 
either  of  them,  and  such  other  officers  as  may  by  said  council 
be  deemed  necessary  or  expedient.  The  city  council  may,  by 
a like  vote,  by  ordinance  or  resolution,  to  take  effect  at  the 
end  of  the  then  fiscal  year,  discontinue  any  office  so  created, 
and  devolve  the  duties  thereof  on  any  other  city  officer;  and 
no  officer  filling  any  such  office  so  discontinued,  shall  have  any 
claim  against  the  city  on  account  of  his  salary,  after  such  dis- 
continuance. The  city  marshal  shall  perform  such  duties  as 
shall  be  prescribed  by  the  city  council  for  the  preservation  of 
the  public  peace,  and  the  observance  and  enforcement  of  the 
ordinances  and  laws;  he  shall  possess  the  power  and  authority 
of  a constable  at  common  law,  and  under  the  statutes  of  this 
State. 

81-  Appointments  — Vacancies  — Duties  — Powers.  | 

§ 3.  All  officers  of  any  city,  except  where  herein  otherwise 
provided,  shall  be  appointed  by  the  mayor  (and  vacancies  in 
all  offices  except  the  mayor  and  aldermen  shall  be  filled  by 
like  appointment)  by  and  with  the  advice  and  consent  of  the 
city  council.  The  city  council  may,  by  ordinance  not  incon- 
sistent with  the  provisions  of  this  act,  prescribe  the  duties  and 
define  the  powers  of  all  such  officers,  together  with  the 
term  of  any  such  office : Provided , the  term  shall  not  exceed 
two  years. 

82.  Oath — Bond.]  § 4.  All  officers  of  any  city  or  vil- 
lage, whether  elected  or  appointed,  shall,  before  entering  upon 


6o 


Statutes. 


the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation: 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support  the  constitution 
of  the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and  that  I will  faithfully 
discharge  the  duties  of  the  office  of . ...  . according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in 
the  office  of  the  clerk.  And  all  such  officers,  except  aldermen 
and  trustees,  shall,  before  entering  upon  the  duties  of  their 
respective  offices,  execute  a bond  with  security,  to  be  approved 
by  the  city  council  or  board  of  trustees,  payable  to  the  city  or 
village,  in  such  penal  sum  as  may,  by  resolution  or  ordinance, 
be  directed,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office  and  the  payment  of  all  moneys  received  by 
such  officer,  according  to  law  and  the  ordinances  of  said  city 
or  village:  Provided , however , that  in  no  case  shall  the  may- 
or’s bond  be  fixed  at  a less  sum  than  three  thousand  dollars 
($3,000);  nor  shall  the  treasurer’s  bond  be  fixed  at  a less  sum 
than  the  amount  of  the  estimated  tax  and  special  assessments 
for  the  current  year — which  bonds  shall  be  filed  with  the 
clerk  (except  the  bond  of  the  clerk,  which  shall  be  filed  with 
the  treasurer.) 

83-  Commission — Certificate — Delivery  to  Successors,] 

§ 5.  All  officers  elected  or  appointed  under  this  act  (except 
the  clerk,  aldermen  and  mayor,  and  trustees)  shall  be  commis- 
sioned by  warrant,  under  the  corporate  seal,  signed  by  the 
clerk  and  mayor  or  presiding  officer  of  the  city  council  or 
board  of  trustees.  The  mayor  or  president  of  the  board  of 
trustees  shall  issue  a certificate  of  appointment  or  election,  un- 
der the  seal  of  the  corporation,  to  the  clerk  thereof,  and  any 
person  having  been  an  officer  of  the  city  or  village,  shall, 
within  five  days  after  notification  and  request,  deliver  to  his 
successor  in  office  all  property,  books  and  effects  of  every  de- 
scription in  his  possession,  belonging  to  the  city  or  village,  or 
appertaining  to  his  said  office;  and  upon  his  refusal  to  do  so, 


Officers,  Their  Powers  and  Duties.  6 1 

shall  jpe  liable  for  all  the  damages  caused  thereby,  and  to  such 
penalty  as  may  by  ordinance  be  prescribed. 

84.  Qualification  of  Officers.]  § 6.  No  person  shall  be 
eligible  to  any  office  who  is  not  a qualified  elector  of  the  city 
or  village,  and  who  shall  not  have  resided  therein  at  least  one 
year  next  preceding  his  election  or  appointment,  nor  shall  any 
person  be  eligible  to  any  office  who  is  a defaulter  to  the  cor- 
poration. 

85.  Not  Interested  in  Contracts,  Etc.]  § 7.  No  of- 
ficer shall  be  directly  or  indirectly  interested  in  any  contract, 
work  or  business  of  the  city,  or  the  sale  of  any  article,  the  ex- 
pense, price  or  consideration  of  which  is  paid  from  the  treas- 
ury, or  by  any  assessment  levied  by  any  act  or  ordinance;  nor 
in  the  purchase  of  any  real  estate  or  other  property  belonging 
to  the  corporation,  or  which  shall  be  sold  for  taxes  or  assess- 
ments, or  by  virtue  of  legal  process  at  the  suit  of  said  corpo- 
ration. 

86.  Bribery — Penalty.]  § 8.  Every  person  who  shall 
promise,  offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to 
be  promised,  offered  or  given,  or  furnish  or  agree  to  furnish, 
in  whole  or  in  part,  to  be  promised,  offered  or  given  to  any 
member  of  the  city  council  or  board  of  trustees,  or  any  officer 
of  the  corporation,  after  or  before  his  election  or  appointment 
as  such  officer,  any  moneys,  goods,  right  in  action,  or  other 
property  or  anything  of  value,  or  any  pecuniary  advantage,  pres- 
ent or  prospective,  with  intent  to  influence  his  vote,  opinion, 
judgment  or  action  on  any  question,  matter,  cause  or  proceed- 
ing which  may  be  then  pending,  or  may  by  law  be  brought 
before  him  in  his  official  capacity,  shall,  upon  conviction,  be 
imprisoned  in  the  penitentiary  for  a term  not  exceeding  two 
years,  or  shall  be  fined  not  exceeding  $5,000,  or  both,  in  the 
discretion  of  the  court.  Every  officer  who  shall  accept  any 
such  gift  or  promise,  or  undertaking  to  make  the  same  under 
any  agreement  or  understanding  that  his  vote,  opinion,  judg- 


6 2 


Statutes. 


ment  or  action  shall  be  influenced  thereby,  or  sh^ll  be 
given  in  any  question,  matter,  cause  or  proceeding  then  pend- 
ing, or  which  may  by  law,  be  brought  before  him  in  his  of- 
ficial capacity,  shall,  upon  conviction,  be  disqualified  from 
holding  any  public  office,  trust  or  appointment  under  the  city 
or  village,  and  shall  forfeit  his  office,  and  shall  be  punished 
by  imprisonment  in  the  penitentiary  not  exceeding  two  years, 
or  by  a fine  not  exceeding  $5,000,  or  both,  in  the  discretion 
of  the  court.  Every  person  offending  against  either  of  the 
provisions  of  this  section,  shall  be  a competent  witness  against 
any  other  person  offending  in  the  same  transaction,  and  may 
be  compelled  to  appear  and  give  evidence  before  any  grand 
jury  or  in  any  court  in  the  same  manner  as  other  persons;  but  the 
testimony  so  given  shall  not  be  used  in  any  prosecution  or 
proceeding,  civil  or  criminal,  against  the  person  so  testifying. 

87.  Mayor,  Etc,,  Not  to  Hold  Other  Office.]  § 9.  No 

mayor,  alderman,  city  clerk  or  treasurer,  shall  hold  any  other 
office  under  the  city  government  during  his  term  of  office. 

88.  Duties  of  Clerk.]  § 10.  The  clerk  shall  keep  the 
corporate  seal,  to  be  provided  under  the  direction  of  the  city 
council  or  board  of  trustees,  and  all  papers  belonging  to  the 
city  or  village;  he  shall  attend  all  meetings  of  the  city  council 
or  board  of  trustees,  and  keep  a full  record  of  its  proceedings 
in  the  journal;  and  copies  of  all  papers  duly  filed  in  his  office, 
and  transcripts  from  the  journals  and  other  records  and  files 
of  his  office,  certified  by  him  under  the  corporate  seal,  shall 
be  evidence  in  all  courts  in  like  manner  as  if  the  originals 
were  produced. 

89.  Record  of  Ordinances.]  § 11.  The  clerk  shall 
record,  in  a book  to  be  kept  for  that  purpose,  all  ordinances 
passed  by  the  city  council  or  board  of  trustees,  and  at  the  foot 
of  the  record  of  each  ordinance  so  recorded  shall  make  a 
memorandum  of  the  date  of  the  passage  and  of  the  publica- 
tion or  posting  of  such  ordinance,  which  record  and  memo- 


Officers,  Their  Powers  and  Duties.  63 

randum,  or  a certified  copy  thereof,  shall  be  frima  facie  evi- 
denced the  passage  and  legal  publication  or  posting  of  such 
ordinances  for  all  purposes  whatsoever. 

90.  Conservators  of  the  Peace — Powers  of.]  § 12. 

The  trustees  in  villages,  the  mayor,  aldermen,  and  the  marshal 
and  his  deputies,  policemen  and  watchmen  in  cities,  if  any 
such  be  appointed,  shall  be  conservators  of  the  peace,  and  all 
officers  created  conservators  of  the  peace  by  this  act,  or  au- 
thorized by  any  ordinance,  shall  have  power  to  arrest  or  cause 
to  be  arrested,  with  or  without  process,  all  persons  who  shall 
break  the  peace,  or  be  found  violating  any  ordinance  of  the 
city  or  village,  or  any  criminal  law  of  the  state,  commit  for 
examination  and,  if  necessary,  detain  such  persons  in  custody 
over  night  or  Sunday  in  the  watch  house  or  any  other  safe 
place,  or  until  they  can  be  brought  before  the  proper  magis- 
trate, and  shall  have  and  exercise  such  other  powers  as 
conservators  of  the  peace  as  the  city  council  or  board  of  trus- 
tees may  prescribe.  All  warrants  for  the  violation  of  ordi- 
nances, and  all  criminal  warrants  to  whomsoever  directed, 
may  be  served  and  executed  within  the  corporate  limits  of 
any  such  city  or  village  by  any  policeman  of  such  city  or  vil- 
lage; such  policeman  being  hereby  clothed  with  all  the  com- 
mon law  and  statutory  power  of  constables  for  such  purposes. 
[As  amended  by  act  approved  June  14,  1883.  In  force  July 
1, 1883. 

AN  ACT  to  define  police  districts,  and  the  powers  and  the  duties  of  the 
police  therein.  [Approved  and  in  force  May  13,  1887. 

91.  What  Shall  Be  a Police  District.]  § 1.  That  the 
territory  which  is  embraced  within  the  limits  of  adjoining 
cities,  villages  and  incorporated  towns,  within  any  county  in 
this  State,  shall  be  a police  district. 

92.  Police  May  Go  Into  Any  Part  of  Such  District  to 
Suppress  Riot,  Etc. — Duty  of  Mayor.]  § 2.  It  shall  be 
lawful  for  the  police  of  any  city,  village  or  incorporated  town 


6 4 


Statutes. 


in  such  district  to  go  into  any  part  of  such  district  to  suppress 
riot,  to  preserve  the  peace  and  protect  the  lives,  rights  and  prop- 
erty of  citizens,  and  for  such  purposes  it  shall  be  the  duty  of 
the  mayor  of  any  city,  the  president  or  the  president  and 
board  of  trustees  of  any  village  or  incorporated  town  in  such 
district,  and  the  chiefs  of  police  therein,  to  use  the  police 
forces  under  their  control  anywhere  in  such  district. 

93-  Emergency.]  § 3.  Whereas,  an  emergency  exists 
this  act  shall  be  in  force  from  and  after  its  passage. 

94-  Compensation  of  Mayor.]  § 13.  The  mayor  of 
any  city  shall  receive  such  compensation  as  the  city  council 
may  by  ordinance  direct,  but  his  compensation  shall  not  be 
changed  during  his  term  of  office. 

95.  Compensation  of  Aldermen  and  Trustees.J  § 14. 

The  aldermen  and  trustees  may  receive  such  compensation  for 
their  services  as  shall  be  fixed  by  ordinance:  Provided , hozv- 
ever , such  compensation  shall  not  exceed  $3  to  each  alderman 
or  trustee  for  each  meeting  of  the  city  council,  or  board 
of  trustees,  actually  attended  by  him,  and  no  other  compensa- 
tion than  for  attendance  upon  such  meetings  shall  be  allowed 
to  any  alderman  or  trustee  for  any  services  whatsoever.  Such 
compensation  shall  not  be  changed,  after  it  has  been  once  es- 
tablished, so  as  to  take  effect  as  to  any  alderman  or  trustee 
voting  for  such  change,  during  his  term  of  office. 

96*  Compensation  of  Other  Officers.]  §15.  All  other 
officers  may  receive  a salary,  fees  or  other  compensation  to  be 
fixed  by  ordinance,  and  after  the  same  has  been  once  fixed,  such 
fees  or  compensation  shall  not  be  increased  or  diminished,  to 
take  effect  during  the  term  for  which  any  such  officer  was 
elected  or  appointed;  and  every  such  officer  shall  make  and 
return  to  the  mayor,  or  president  of  the  board  of  trustees,  a 
semi-annual  report,  verified  by  affidavit,  of  all  such  fees  and 
emoluments  received  by  him. 


Officers,  Their  Powers  and  Duties.  65 

AN  ACT  to  enable  the  corporate  authorities-of  cities  to  establish  and  fix 
the  salaries  of  city  officers.  [Approved  and  in  force  April  23,  1873* 

97-  When  to  be  Fixed — Not  Changed  During  Term.] 

§ 1.  It  shall  and  may  be  lawful  for  the  common  council  or 
legislative  authority  of  any  city  in  this  State  to  establish  and 
fix  the  amount  of  salary  to  be  paid  any  and  all  city  officers, 
as  the  case  may  be,  except  members  of  such  legislative  body, 
in  the  annual  appropriation  bill  or  ordinance  made  for  the  pur- 
pose of  providing  for  the  annual  expenses  of  any  such  city,  or 
by  some  ordinance  prior  to  the  passage  of  such  annual  appro- 
priation bill  or  ordinance;  and  the  salaries  or  compensation 
thus  fixed  or  established,  shall  neither  be  increased  nor  di- 
minished by  the  said  common  council  or  legislative  authority 
of  any  such  city,  after  the  passage  of  said  annual  appropria- 
tion bill  or  ordinance,  during  the  year  for  which  such  appro- 
priation is  made,  and  no  extra  compensation  shall  ever  be  al- 
lowed to  any  such  officer  or  employe  over  and  above  that  pro- 
vided in  manner  aforesaid. 

98.  Emergency.]  § 2.  Whereas  the  corporate  authori- 
ties of  Certain  cities  in  this  State  have  no  power  to  establish  or 
fix  the  salaries  of  their  city  officers  in  certain  cases,  whereby  an 
emergency  exists  requiring  this  act  to  take  immediate  effect; 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

99.  Administering  Oaths.]  § 16.  The  mayor  of  any 
city,  and  the  clerk  of  any  city  or  village,  shall  have  power  to 
administer  oaths  and  affirmations  upon  all  lawful  occasions. 


66 


Statutes. 


ARTICLE  VII. 

OF  FINANCE. 


Section. 

100.  Fiscal  Year. 

101.  Annual  Appropriation  Ordinance. 

102.  Limitation — Emergency — Borrowing 

Money. 

103.  Contracting  Liabilities  Limited. 

104.  Duties  of  Treasurer. 

105.  Separate  Accounts. 

106.  Receipts. 

107.  Monthly  Statements  — Warrants  — 
Vouchers— Register. 

108.  Deposit  of  Funds— Separate  From 

His. 

109.  Treasurer’s  Annual  Report— Publica- 

tion. 

no.  Warrants. 

Jii.  Special  Assessment  Funds  Kept  Sepa- 
rate. 


Section. 

1 12.  City  Collector— Duties. 

1 13.  He  Shall  Report,  Etc.— Publication. 

1 14.  Not  to  Detain  Money— Penalty. 

1 15.  Examination  of  Books— Paying  Over. 

116.  Comptroller— Powers  and  Duties. 

1 17.  Council  May  Define  Duties— Transfer 

of  Clerk’s  Financial  Duties. 

1 18.  Record  of  Bonds  Issued  by  City. 

119.  Further  Duties  Maybe  Required  of 

Officers. 

120.  Appeal  to  Finance  Committee. 

121.  Who  May  Appoint  Subordinates. 

122.  Foreign  Insurance  Companies— Li- 

cense, Etc.  — Penalty. 

123.  When  Warrants  May  be  Drawn. 

124.  Issued  in  Anticipation  of  Taxes. 


100.  Fiscal  Year.]  § 1.  The  fiscal  year  of  each  city  or 
village  organized  under  this  act  shall  commence  at  the  date 
established  by  law  for  the  annual  election  of  municipal  officers 
therein,  or  at  such  other  times  as  may  be  fixed  by  ordinance. 

101.  Annual  Appropriation  Ordinance.]  § 2.  The  city 
council  of  cities,  and  board  of  trustees  in  villages,  shall,  within 
the  first  quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be 
termed  the  annual  appropriation  bill,  in  which  such  corpo- 
rate authorities  may  appropriate  such  sum  or  sums  of  money 
as  may  be  deemed  necessary  to  defray  all  necessary  expenses 
and  liabilities  of  such  corporation;  and  in  such  ordinance  shall 
specify  the  objects  and  purposes  for  which  such  appropria- 
tions are  made,  and  the  amount  appropriated  for  each  object 
or  purpose.  No  further  appropriations  shall  be  made  at  any 
other  time  within  such  fiscal  year,  unless  the  proposition  to 
make  each  appropriation  has  been  first  sanctioned  by  a major- 
ity of  the  legal  voters  of  such  city  or  village,  either  by  a peti- 
tion signed  by  them,  or  at  a general  or  special  election  duly 
called  therefor. 


Of  Finance. 


6 7 


102.  Limitation  — Emergency  — Borrowing  Money.] 
^ 3.  Neither  the  city  council  nor  the  board  of  trustees,  nor 
any  department  or  officer  of  the  corporation,  shall  add  to  the 
corporation  expenditures  in  any  one  year  anything  over  and 
above  the  amount  provided  for  in  the  annual  appropriation 
bill  of  that  year,  except  as  is  herein  otherwise  specially  pro- 
vided; and  no  expenditure  for  an  improvement  to  be  paid  for 
out  of  the  general  fund  of  the  corporation  shall  exceed,  in  any 
one  year,  the  amount  provided  for  such  improvement  in  the 
annual  appropriation  bill:  Provided , however , that  nothing 
herein  contained  shall  prevent  the  city  council  or  board  of 
trustees  from  ordering,  by  a two-thirds  vote,  any  improve- 
ment, the  necessity  of  which  is  caused  by  any  casualty  or  ac- 
cident happening  after  such  annual  appropriation  is  made. 
The  city  council  or  board  of  trustees  may,  by  a like  vote,  or- 
der the  mayor  or  president  of  the  board  of  trustees  and  finance 
committee  to  borrow  a sufficient  amount  to  provide  for  the 
expense  necessary  to  be  incurred  in  making  any  improvements, 
the  necessity  of  which  has  arisen  as  is  last  above  mentioned, 
for  a space  of  time  not  exceeding  the  close  of  the  next  fiscal 
year — which  sum,  and  the  interest,  shall  be  added  to  the 
amount  authorized  to  be  raised  in  the  next  general  tax  levy, 
and  embraced  therein.  Should  any  judgment  be  obtained 
against  the  corporation,  the  mayor,  or  president  of  the  board 
of  trustees  and  finance  committee,  under  the  sanction  of  the 
city  council  or  board  of  trustees,  may  borrow  a sufficient 
amount  to  pay  the  same,  for  a space  of  time  not  exceeding  the 
close  of  the  next  fiscal  year — which  sum  and  interest  shall,  in 
like  manner,  be  added  to  the  amount  authorized  to  be  raised 
in  the  general  tax  levy  of  the  next  year,  and  embraced 
therein. 

103.  Contracting  Liabilities  Limited.  | § 4.  No  con- 

tract shall  be  hereafter  made  by  the  city  council  or  board  of 
trustees,  or  any  committee  or  member  thereof;  and  no  expense 
shall  be  incurred  by  any  of  the  officers  or  departments  of  the 


68 


Statutes. 


corporation,  whether  the  object  of  the  expenditure  shall  have 
been  ordered  by  the  city  council  or  board  of  trustees  or  not, 
unless  an  appropriation  shall  have  been  previously  made  con- 
cerning such  expense,  except  as  herein  otherwise  expressly 
provided. 

104.  Duties  of  Treasurer.]  § 5.  The  treasurer  shall 
receive  all  moneys  belonging  to  the  corporation,  and  shall 
keep  his  books  and  accounts  in  such  manner  as  may  be 
prescribed  by  ordinance,  and  such  books  and  accounts  shall 
always  be  subject  to  the  inspection  of  any  member  of  the  city 
council  or  board  of  trustees. 

105-  Separate  Accounts.]  § 6.  He  shall  keep  a sepa- 
rate account  of  each  fund  or  appropriation,  and  the  debts  and 
credits  belonging  thereto. 

106-  Receipts.]  § 7.  He  shall  give  every  person  pay- 
ing money  into  the  treasury  a receipt  therefor,  specifying  the 
date  of  payment,  and  upon  what  account  paid;  and  he  shall 
also  file  copies  of  such  receipts  with  the  clerk,  at  the  date  of 
his  monthly  reports. 

107.  Monthly  Statements  — Warrants  — Vouchers — 
Register.]  § 8.  The  treasurer  shall,  at  the  end  of  each  and 
every  month,  and  oftener  if  required,  render  an  account  to  the 
city  council  or  board  of  trustees,  or  such  officer  as  may  be 
designated  by  ordinance  (under  oath,)  showing  the  state  of 
the  treasury  at  the  date  of  such  account,  and  the  balance  of 
money  in  the  treasury.  He  shall  also  accompany  such  ac- 
counts with  a statement  of  all  moneys  received  into  the  treas- 
ury, and  on  what  account,  together  with  all  warrants  redeemed 
and  paid  by  him;  which  said  warrants,  with  any  and  all  vouch- 
ers held  by  him,  shall  be  delivered  to  the  clerk,  and  filed  with 
his  said  account  in  the  clerk’s  office,  upon  every  day  of  such 
settlement.  He  shall  return  all  warrants  paid  by  him  stamped 
or  marked  “paid.”  He  shall  keep  a register  of  all  warrants 
redeemed  and  paid,  which  shall  describe  such  warrants,  and 


Of  Finance.  69 

show  the  date,  amount,  number,  the  fund  from  which  paid, 
the  name  of  the  person  to  whom  and  when  paid. 

108.  Deposit  of  Funds — Separate  From  His.]  § 9. 

The  treasurer  may  be  required  to  keep  all  moneys  in  his  hands, 
belonging  to  the  corporation,  in  such  place  or  places  of  de- 
posit as  may  be  designated  by  ordinance:  Provided , hozvever , 
no  such  ordinance  shall  be  passed  by  which  the  custody  of 
such  money  shall  be  taken  from  the  treasurer  and  deposited 
elsewhere  than  in  some  regularly  organized  bank,  nor  without 
a bond  to  be  taken  from  such  bank,  in  such  penal  sum  and 
with  such  security  as  the  city  council  or  board  of  trustees 
shall  direct  and  approve,  sufficient  to  save  the  corporation 
from  any  loss;  but  such  penal  sum  shall  not  be  less  than  the 
estimated  receipts  for  the  current  year  from  taxes  and  special 
assessments  levied,  or  to  be  levied,  by  the  corporation.  The 
treasurer  shall  keep  all  moneys  belonging  to  the  corporation 
in  his  hands  separate  and  distinct  from  his  own  moneys,  and 
he  is  hereby  expressly  prohibited  from  using,  either  directly 
or  indirectly,  the  corporation  money  or  warrants  in  his  custody 
and  keeping,  for  his  own  use  and  benefit,  or  that  of  any  other 
person  or  persons  whomsoever;  and  any  violation  of  this  pro- 
vision shall  subject  him  to  immediate  removal  from  office  by 
the  city  council  or  board  of  trustees,  who  are  hereby  author- 
ized to  declare  said  office  vacant;  and  in  which  case  his  suc- 
cessor shall  be  appointed,  who  shall  hold  his  office  for  the  re- 
mainder of  the  term  unexpired  of  such  officer  so  removed. 

109.  Treasurer’s  Annual  Report — Publication.]  § 10. 

The  treasurer  shall  report  to  the  city  council  or  board  of  trus- 
tees, as  often  as  required,  a full  and  detailed  account  of  all  re- 
ceipts and  expenditures  of  the  corporation,  as  shown  by  his 
books,  up  to  the  time  of  said  report;  and  he  shall,  annually, 
between  the  first  and  tenth  of  April,  make  out  and  file  with 
the  clerk  a full  and  detailed  account  of  all  such  receipts  and 
expenditures,  and  of  all  his  transactions,  as  such  treasurer,  dur- 


7o 


Statutes. 


ing  the  preceding  fiscal  year,  and  shall  show  in  such  account 
the  state  of  the  treasury  at  the  close  of  the  fiscal  year;  which 
account  the  clerk  shall  immediately  cause  to  be  published  in  a 
newspaper  printed  in  such  city,  if  there  be  one,  and  if  not,  then 
by  posting  the  same  in  a public  place  in  the  clerk’s  office. 

110.  Warrants.]  § n.  All  warrants  drawn  upon  the 
treasurer  must  be  signed  by  the  mayor  and  countersigned  by 
the  clerk,  stating  the  particular  fund  or  appropriation  to  which 
the  same  is  chargeable,  and  the  person  to  whom  payable;  and 
no  money  shall  be  otherwise  paid  than  upon  such  warrants  so 
drawn,  except  as  herinafter  provided. 

111.  Special  Assessment  Funds  Kept  Separate.]  §12. 
All  moneys  received  on  any  special  assessment  shall  be  held 
by  the  treasurer  as  a special  fund,  to  be  applied  to  the  pay- 
ment of  the  improvement  for  which  the  assessment  was  made, 
and  said  money  shall  be  used  for  no  other  purpose  whatever, 
unless  to  reimburse  such  corporation  for  money  expended  for 
such  improvement. 


CITY  COLLECTOR. 

112.  His  Duties. ) § 13.  It  shall  be  the  duty  of  the 

collector,  when  one  is  appointed,  to  preserve  all  warrants 
which  are  returned  into  his  hands,  and  he  shall  keep  such 
books  and  his  accounts  in  such  manner  as  the  city  council 
may  prescribe.  Such  warrants,  books,  and  all  papers  pertain- 
ing to  his  office,  shall  at  all  times  be  open  to  the  inspection  of 
and  subject  to  the  examination  of  the  mayor,  city  clerk,  any 
member  of  the  council,  or  committee  thereof.  He  shall 
weekly,  and  oftener  if  required  by  the  council,  pay  over  to  the 
treasurer  all  moneys  collected  by  him  from  any  source  what- 
ever, taking  such  treasurer’s  receipt  therefor,  which  receipt 
he  shall  immediately  file  with  the  city  clerk;  but  the  city  clerk 
shall,  at  the  time,  or  on  demand,  give  such  tax  collector  a 
copy  of  any  such  receipt  so  filed. 


Of  Finance. 


7i 


113.  He  Shall  Report,  Etc. — Publication.]  § 14.  He 

shall  make  a report,  in  writing,  to  the  council,  or  any  officer  de- 
signated by  the  council,  of  all  moneys  collected  by  him,  the  ac- 
count whereon  collected,  or  of  any  other  matter  in  connection 
with  his  office,  when  required  by  the  council  or  by  any  ordi- 
nance of  the  city.  He  shall  also,  annually,  between  the  first 
and  tenth  of  April,  file  with  the  clerk  a statement  of  all  the 
moneys  collected  by  him  during  the  year,  the  particular  war- 
rant, special  assessment  or  account  on  which  collected,  the 
balance  of  moneys  uncollected  on  all  warrants  in  his  hands, 
and  the  balance  remaining  uncollected  at  the  time  of  the  return 
on  all  warrants  which  he  shall  have  returned,  during  the  pre- 
ceding fiscal  year,  to  the  city  clerk.  The  city  clerk  shall 
publish  or  post  the  same,  as  hereinbefore  required  to  be  done 
in  regard  to  the  annual  report  of  the  treasurer. 

114.  Not  to  Detain  Money — Penalty.]  § 15.  The  collector 
is  hereby  expressly  prohibited  from  keeping  the  moneys  of 
the  city  in  his  hands,  or  in  the  hands  of  any  person  or  corpo- 
ration, to  his  use,  beyond  the  time  which  may  be  prescribed 
for  the  payment  of  the  same  to  the  treasurer,  and  any  viola- 
tion of  this  provision  will  subject  him  to  immediate  removal 
from  office. 

115.  Examination  of  His  Books — Paying  Over.]  §16. 
All  the  city  collector’s  papers,  books,  warrants  and  vouchers 
may  be  examined  at  any  time  by  the  mayor  or  clerk,  or  any 
member  of  the  city  council;  and  the  collector  shall  every  two 
weeks,  or  oftener  if  the  city  council  so  direct,  pay  over  all 
money  collected  by  him  from  any  person  or  persons,  or  asso- 
ciations, to  the  treasurer,  taking  his  receipt  therefor  in  dupli- 
cate, one  of  which  receipt  he  shall  at  once  file  in  the  office 
of  the  clerk. 

CITY  COMPTROLLER. 

116.  His  Powers  and  Duties.]  § 17.  The  city  comp- 
troller (if  there  shall  be  any  city  comptroller  appointed,  if  not, 


72 


Statutes. 


then  the  clerk)  shall  exercise  a general  supervision  over  all 
the  officers  of  the  corporation  charged  in  any  manner  with  the 
receipt,  collection  or  disbursement  of  corporation  revenues,  and 
the  collection  and  return  of  all  such  revenues  into  the  treasury. 
He  shall  have  the  charge,  custody  and  control  of  all  deeds, 
leases,  warrants,  vouchers,  books  and  papers  of  any  kind,  the 
custody  and  control  of  which  is  not  herein  given  to  any  other 
officers;  and  he  shall,  on  or  before  the  fifteenth  day  of  May, 
in  each  year,  and  before  the  annual  appropriations  to  be  made 
by  the  city  council  or  board  of  trustees,  submit  to  the  city 
council  or  board  of  trustees  a report  of  his  estimates,  as  nearly 
as  may  be,  of  moneys  necessary  to  defray  the  expenses  of  the 
corporation  during  the  current  fiscal  year.  He  shall,  in  said 
report,  class  the  different  objects  and  branches  of  expendi- 
tures, giving,  as  nearly  as  may  be,  the  amount  required  for 
each;  and  for  the  purpose  of  making  such  report,  he  is  author- 
ized to  require  of  all  officers  their  statement  of  the  condition 
and  expenses  of  their  respective  offices  or  departments, 
with  any  proposed  improvements  and  the  probable  expense 
thereof,  all  contracts  made  and  unfinished,  and  the  amount 
of  any  and  all  unexpended  appropriations  of  the  preceding 
year.  He  shall,  in  such  report,  show  the  aggregate  income 
of  the  preceding  fiscal  year,  from  all  sources,  the  amount  of 
liabilities  outstanding  upon  which  interest  is  to  be  paid,  the 
bonds  and  debts  payable  during  the  year,  when  due  and  when 
payable;  and  in  such  report  he  shall  give  such  other  informa- 
tion to  the  council  or  board  of  trustees  as  he  may  deem  neces- 
sary, to  the  end  that  the  city  council  or  board  of  trustees  may 
fully  understand  the  money  exigencies  and  demands  upon  the 
corporation  for  the  current  year. 

117.  Council  May  Define  the  Duties — Transfer  of 
Clerk’s  Financial  Duties.]  § 18.  When  there  shall  be  ap- 
pointed in  any  city  a comptroller,  the  city  council  may,  by  or- 
dinance or  resolution,  confer  upon  him  such  powers,  and  pro- 
vide for  the  performance  of  such  duties  by  him,  as  the  city 


Of  Finance. 


73 


council  shall  deem  necessary  and  proper  - and  all  the  provisions 
of  this  act  relating  to  the  duties  of  city  clerk,  or  the  powers  of 
city  clerk  in  connection  with  the  finances,  the  treasurer  and 
collector,  or  the  receipt  and  disbursements  of  the  moneys  of 
such  city,  shall  be  exercised  and  performed  by  such  comptrol- 
ler, if  one  there  shall  be  appointed;  and  to  that  end  and  pur- 
pose, wherever  in  this  act  heretofore  the  word  “clerk”  is  used, 
it  shall  be  held  to  mean  “comptroller;”  and  wherever  the 
“clerk’s  office”  is  referred  to,  it  shall  be  held  to  mean  “comp- 
troller’s office.” 

118.  Record  of  Bonds  Issued  by  City.]  § 19.  The 

comptroller,  when  there  shall  be  a comptroller,  if  not,  then  the 
clerk,  shall  keep  in  his  office,  in  a book  or  books  kept  expressly 
for  that  purpose,  a correct  list  of  all  the  outstanding  bonds  of 
the  city,  showing  the  number  and  amount  of  each,  for  and  to 
whom  the  said  bonds  are  issued;  and  when  any  city  bonds  are 
purchased,  or  paid,  or  canceled,  said  book  or  books  shall  show 
the  fact;  and  in  his  annual  report  he  shall  describe,  particularly, 
the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with 
each  and  every  item  of  expense  thereof. 

GENERAL  PROVISONS. 

119-  Further  Duties  May  be  Required.]  § 20.  The 

collector  and  treasurer,  and  all  other  officers  connected  with 
the  receipt  and  expenditure  of  money,  shall  perform  such 
other  duties,  and  be  subject  to  such  other  rules  and  regula- 
tions as  the  city  council  or  board  of  trustees  may,  from  time 
to  time,  by  ordinance,  provide  and  establish. 

120.  Appeal  to  Finance  Committee.]  § 21.  In  the 

adjustment  of  the  accounts  of  the  collector  or  treasurer  with 
the  clerk  (or  comptroller  if  there  shall  be  one),  there  shall  be 
an  appeal  to  the  finance  committee  of  the  council  or  board  of 
trustees,  whose  decision  in  all  matters  of  controversy  arising 
between  said  officers  shall  be  binding,  unless  the  citv  council 
or  board  of  trustees  shall  otherwise  direct  and  provide. 


74 


Statutes. 


121.  Who  May  Appoint  Subordinates.]  § 22.  The 

comptroller  (if  there  shall  be  one),  the  clerk,  treasurer  and 
collector,  shall,  severally,  appoint  such  various  clerks  and  sub- 
ordinates in  their  respective  offices  as  the  city  council  or  board 
of  trustees  may  authorize,  and  shall  be  held,  severally,  respon- 
sible for  the  fidelity  of  all  persons  so  appointed  by  them. 

122.  Foreign  Insurance  Companies — License,  Etc. — 

Penalties.  | § 23.  All  corporations,  companies  or  associa- 

tions not  incorporated  under  the  laws  of  this  State,  engaged  in 
any  city  in  effecting  fire  insurance,  shall  pay  to  the  treasurer 
the  sum  of  $2  upon  the  $100  of  the  net  receipts  by  their 
agency  in  such  city,  and  at  that  rate  upon  the  amount  of  all 
premiums  which,  during  the  half  year  ending  on  every  first 
day  of  July  and  January,  shall  have  been  received  for  any  in- 
surance effected  or  agreed  to  be  effected  in  the  city  or  village, 
by  or  with  such  corporations,  companies  or  associations,  re- 
spectively. Every  person  who  shall  act  in  any  city  or  village 
as  agent,  or  otherwise,  for  or  on  behalf  of  any  such  corpora- 
tion, company  or  association,  shall,  on  or  before  the  fifteenth 
day  of  July  and  January,  in  each  year,  render  to  the  comptrol- 
ler (if  any  there  be,  if  not,  to  the  clerk,)  a full,  true  and 
just  account,  verified  by  his  oath,  of  all  premiums  which,  dur- 
ing the  half  year  ending  on  every  first  day  of  July  and  January 
preceding  such  report,  shall  have  been  received  by  him,  or  any 
other  person  for  him,  in  behalf  of  any  such  corporation,  com- 
pany or  association,  and  shall  specify  in  said  account  the 
amounts  received  for  fire  insurance.  Such  agents  shall  also 
pay  over  to  the  treasurer,  at  the  time  of  rendering  the  afore- 
said account,  the  amount  of  rates  for  which  the  company  or 
companies  represented  by  them  are  severally  chargeable  by 
virtue  hereof.  If  such  account  be  not  rendered  on  or  before 
the  day  hereinbefore  designated  for  that  purpose,  or  if  the 
said  rates  shall  remain  unpaid  after  that  day,  it  shall  be  unlaw- 
ful for  any  corporation,  company  or  association  so  in  default 
to  transact  any  business  of  insurance  in  any  such  city  or  vil- 


Of  Finance. 


75 


lage,  until  the  said  requisitions  shall  have  been  fully  complied 
with;  but  this  provision  shall  not  relieve  any  company  from 
the  payment  of  any  risk  that  may  be  taken  in  violation  hereof. 
Any  person  or  persons  violating  any  of  the  provisions  of  this 
section  shall  be  subject  to  indictment,  and  upon  conviction 
thereof,  in  any  court  of  competent  jurisdiction,  shall  be  fined 
in  any  sum  not  exceeding  $1,000,  or  imprisoned  not  exceed- 
ing six  months,  or  both,  in  the  discretion  of  the  court.  Said 
rates  may  also  be  recovered  of  such  corporation,  company  or 
association,  or  its  agent,  by  action  in  the  name  and  for  the  use 
of  any  such  city  or  village,  as  for  money  had  and  received  for 
its  use:  Provided,  that  this  section  shall  only  apply  to  such 
cities  and  villages  as  have  an  organized  fire  department,  or 
maintain  some  organization  for  the  prevention  of  fires. 

AN  ACT  to  provide  for  the  manner  of  issuing  warrants  upon  the  treas- 
urer of  any  county,  township,  city,  school  district  or  other  munici- 
pal corporation  and  jurors’  certificates.  [Approved  May  31,  1879. 
In  force  July  1,  1879. 

123.  When  Warrants  May  be  Drawn.]  § i.  That 
warrants,  payable  on  demand,  shall  hereafter  be  drawn  and 
issued  upon  the  Treasurer  of  this  State  or  of  any  county, 
township,  city,  school  district  or  other  municipal  corporation, 
or  against  any  fund  in  his  hands,  only  when  at  the  time  of 
the  drawing  and  issuing  of  such  warrants,  there  shall  be  suffi- 
cient money  in  the  appropriate  fund  in  the  treasury  to  pay 
said  warrants. 

124.  Issued  in  Anticipation  of  Taxes.]  § 2.  That 
whenever  there  is  no  money  in  the  treasury  of  the  county, 
township,  city,  school  district,  or  other  municipal  corporation 
to  meet  and  defray  the  ordinary  and  necessary  expenses 
thereof,  it  shall  be  lawful  for  the  proper  authorities  of  any 
county,  township,  city,  school  district  or  other  municipal  cor- 
poration, to  provide  that  warrants  may  be  drawn  and  issued, 
against  and  in  anticipation  of  the  collection  of  any  taxes,  al- 
ready levied  by  said  authorities  for  the  payment  of  the  ordi- 


76 


Statutes. 


nary  and  necessary  expenses  of  any  such  municipal  corpora- 
tion, to  the  extent  of  seventy-five  per  centum  of  the  total 
amount  of  any  said  tax  levy:  Provided , that  warrants  drawn 
and  issued  under  the  provisions  of  this  section,  shall  show 
upon  their  face  that  they  are  payable  solely  from  said  taxes 
when  collected,  and  not  otherwise,  and  shall  be  received  by 
any  collector  of  taxes  in  payment  of  the  taxes  against  which 
they  are  issued,  and  which  taxes,  against  which  said  warrants 
are  drawn,  shall  be  set  apart  and  held  for  their  payment. 

ARTICLE  VIII. 


ASSESSMENT  AND  COLLECTION  OF  TAXES. 


Section. 

Section. 

125. 

Ordinance  Levying  Tax— Limitation. 

134- 

Certificate  of  Rates. 

126. 

Manner  of  Collecting. 

135. 

How  to  Pay  Over  Taxes  Collected. 

127. 

Time  of  Paying  Over. 

136. 

Thirty-day  Settlements  with  Cities. 

128. 

When  Tax  Levied  for  Particular  Pur- 
pose. 

137- 

Final  Settlement  for  Local  Taxes  Be- 
fore Return. 

129. 

Uniformity. 

138. 

Duplicate  Receipts. 

130. 

How  Assessed  and  Collected. 

139- 

To  Pay  Cities,  etc.,  Every  Ten  Days. 

131. 

Rate  of  Taxation. 

140. 

Rebate  When  Property  Destroyed. 

132. 

133- 

Proportion  of  Tax. 

Drawback— Amount  City,  etc..  May 
Receive. 

141. 

City  May  Refund  Illegal  Taxes— Lim- 
itation. 

125-  Ordinance  Levying  Tax  — Limitation.]  § i. 

The  city  council  in  cities,  and  boards  of  trustees  in  villages, 
may  levy  and  collect  taxes  for  corporate  purposes  in  the  man- 
ner following:  The  city  council  or  boards  of  trustees,  as  the 
case  may  be,  shall  annually,  on  or  before  the  third  (3d  ). Tues- 
day in  September,  in  each  year,  ascertain  the  total  amount  of 
appropriations  for  all  corporate  purposes  legally  made  and  to 
be  collected  from  the  tax  levy  of  that  fiscal  year;  and,  by  an 
ordinance,  specifying  in  detail  the  purposes  for  which  such 
appropriations  are  made,  and  the  sum  or  amount  appropriated 
for  each  purpose,  respectively,  levy  the  amount  so  ascertained 
upon  all  the  property  subject  to  taxation  within  the  city  or 
village,  as  the  same  is  assessed  and  equalized  for  State  and 


Assessment  and  Collection  of  Taxes. 


77 


county  purposes  for  the  current  year.  A certified  copy  of 
such  ordinance  shall  be  filed  with  the  county  clerk  of  the 
proper  county,  whose  duty  it  shall  be  to  ascertain  the  rate  per 
cent,  which,  upon  the  total  valuation  of  all  property  subject  to 
taxation  within  the  city  or  village,  as  the  same  is  assessed  and 
equalized  for  State  and  county  purposes,  will  produce  a net 
amount  not  less  than  the  amount  so  directed  to  be  levied;  and 
it  shall  be  the  duty  of  the  county  clerk  to  extend  such  tax  in  a 
separate  column  upon  the  book  or  books  of  the  collector  or 
collectors  of  State  and  county  taxes,  within  such  city  or  vil- 
lage : Provided , the  aggregate  amount  of  taxes  levied  for  any 
one  (i)  year,  exclusive  of  the  amount  levied  for  the  payment 
of  bonded  indebtedness  or  the  interest  thereon,  shall  not  ex- 
ceed the  rate  of  two  (2 ) per  centum,  upon  the  aggregate  val- 
uation of  all  the  property  within  such  city  or  village,  subject 
to  taxation  therein,  as  the  same  was  equalized  for  State  and 
county  taxes  of  the  preceding  year.  [As  amended  by  act  ap- 
proved May  28,  1879. 

126.  Manner  of  Collecting.]  § 2.  The  tax  so  assessed 
shall  be  collected  and  enforced  in  the  same  manner  and  by  the 
same  officers  as  State  and  county  taxes,  and  shall  be  paid  over 
by  the  officers  collecting  the  same  to  the  treasurer  of  the  city 
or  village. 

127.  Time  of  Paying  Over.]  § 3.  It  shall  be  the  duty 
of  the  officer  collecting  such  tax  to  settle  with  and  pay  over  to 
such  treasurer,  as  often  as  once  in  two  weeks  from  the  time 
he  shall  commence  the  collection  thereof,  all  such  taxes  as  he 
shall  then  have  collected,  till  the  whole  tax  collected  shall  be 
paid  over. 

128.  When^Tax  Levied  for  Particular  Purpose.]  § 4. 

Whenever  any  city  or  village  is  required  to  levy  a tax  for  the 
payment  of  any  particular  debt,  appropriation  or  liability  of 
the  same,  the  tax  for  such  purpose  shall  be  included  in  the  to- 
tal amount  assessed  by  the  city  council  or  board  of  trustees, 


78 


Statutes. 


and  certified  to  the  county  clerk  as  aforesaid;  but  the  city 
council  or  board  of  trustees  shall  determine,  in  the  ordinance 
making  such  assessment,  what  proportion  of  such  total  amount 
shall  be  applicable  to  the  payment  of  such  particular 
debt,  appropriation  or  liability;  and  the  city  or  village  treas- 
urer shall  set  apart  such  proportion  of  the  tax  collected  and 
paid  to  him  for  the  payment  of  such  particular  debt,  appropri- 
ation or  liability,  and  shall  not  disburse  the  same  for  any  other 
purpose  until  such  debt,  appropriation  or  liability  shall  have 
been  discharged. 

129.  Uniformity.]  §5.  All  taxes  levied  or  assessed  by 
any  city  or  village,  except  special  assessments  for  local  im- 
provements, shall  be  uniform  upon  all  taxable  property  and 
persons  within  the  limits  of  the  city,  and  no  property  shall  be 
exempt  therefrom  other  than  such  propertv  as  maybe  exempt 
from  taxation  under  the  Constitution  and  general  laws  of  the 
State. 

AN  ACT  in  regard  to  the  assessment  and  collection  of  municipal  taxes. 
[Approved  May  23, 1877.  In  force  July  1,  1877. 

130.  How  May  Be  Assessed  and  Collected.]  § 1. 

That  all  cities,  villages,  and  incorporated  towns,  in  this  State 
whether  organized  under  the  general  law  or  special  charters, 
shall  assess  and  collect  their  taxes  in  the  manner  provided  for 
in  article  eight  (8)  ot  the  act  entitled,  “ An  act  to  provide  for 
the  incorporation  of  cities  and  villages,”  approved  April  10, 
1872,  and  in  the  manner  provided  for  in  the  general  revenue 
laws  of  this  State;  and  all  acts,  or  parts  of  acts,  inconsistent 
with  the  provisions  of  this  act,  are  hereby  repealed. 

AN  ACT  in  relation  to  the  rate  of  taxation  in  cities,  villages  and  in- 
corporated towns.  [Approved  and  in  force  May  30,  1881. 

131.  Rate  of  Taxation.]  § 1.  That  all  cities,  villages 
and  incorporated  towns  in  this  State  not  now  having,  by  their 
respective  charters,  the  power  to  levy  and  collect  as  high  a 
rate  of  taxation  as  is  herein  authorized  and  provided  for,  shall 


Assessment  and  Collection  of  Taxes.  79 

hereafter  have  power  to  assess,  levy  and  collect  annually  upon 
the  taxable  property  within  their  respective  limits,  for  all  cor- 
porate purposes,  in  addition  to  all  taxes  which  any  such  city, 
town  or  village  may  now  or  hereafter  be  authorized  by  law  to 
levy  and  collect  to  support  and  maintain  schools,  erect  school 
buildings  and  for  all  other  school  purposes,  and  to  pay  interest 
on  its  registered  bonded  indebtedness,  such  an  amount  as 
their  respective  corporate  authorities  may  prescribe,  not  ex- 
ceeding in  any  year  the  rate  of  one  per  cent,  of  the  assessed 
valuation  of  such  taxable  property  as  equalized  by  the  State 
Board  of  Equalization  for  the  preceding  year.  And  the  said 
rate  authorized  by  this  act  shall  be  in  lieu  of  all  rates  and 
items  of  taxation  now  provided  and  authorized  in  such  chart- 
ers, for  all  purposes  other  than  for  schools,  the  erection  of 
school  buildings,  and  all  other  school  purposes,  and  for  pay- 
ing interest  on  the  registered  bonded  indebtedness  of  such 
city,  town  or  village. 

AN  ACT  to  prohibit  any  city,  town  or  village  in  this  state  from  receiv- 
ing from  the  county  treasury  a greater  proportion  of  the  surplus 
fund  or  tax,  than  shall  be  received  by  any  other  city,  town  or  vil- 
lage within  the  same  county.  [Approved  May  4,  1877,  and  in 
force  July  1,  1877. 

132.  Proportion  of  Tax.]  § 1.  That  no  city,  town  or 
village  within  any  county  in  this  State,  shall  be  entitled  to  or 
shall  receive  from  the  county  treasury  of  such  county  any 
greater  proportion  of  surplus  of  all  taxes  which  may  be  col- 
lected for  county  purposes,  than  any  other  city,  town  or  vil- 
lage within  the  county. 

133.  Drawback — Amount  City,  Etc.,  May  Receive.] 

§ 2.  Nor  shall  any  such  city,  town  or  village  be  entitled  to, 
or  receive  from  the  county  treasury,  any  greater  drawback  of 
its  proportion  of  the  taxes  paid  into  the  county  treasury  by 
reason  of  any  appropriation  by  the  county  board,  out  of  the 
county  treasury,  for  the  making  and  repairing  of  roads  and 
highways,  the  building  and  repairing  of  bridges  in  such  coun- 


8o 


Statutes. 


ty,  without  any  such  city,  town  or  village  within  such  county, 
than  is  now  allowed  by  law  to  all  other  cities,  towns  and  vil- 
lages within  the  same  county.  Any  acts,  or  parts  of  acts, 
conflicting  with  this  act,  are  hereby  repealed. 

AN  ACT  for  the  assessment  of  property  and  for  the  levy  and  collection 
of  taxes.  [Approved  March  30,  1872.  In  force  July  1, 1872. 

134-  Certificate  of  Rates.]  § 122.  The  proper  authori- 
ties of  towns,  townships,  districts,  and  incorporated  cities, 
towns  and  villages,  collecting  taxes  under  the  provisions  of 
this  act,  shall  annually,  on  or  before  the  second  Tuesday  in 
August,  certify  to  the  county  clerk  the  several  amounts  which 
they  severally  require  to  be  raised  by  taxation,  anything  in 
their  respective  charters,  or  in  acts  heretofore  passed  by  the 
General  Assembly  of  this  State,  to  the  contrary  notwithstand- 
ing. [As  amended  by  act  approved  May  3,  1873. 

135-  How  to  Pay  Over  Taxes  Collected.]  § 138.  The 
warrant  shall  direct  the  town  or  district  collector,  after  deduct- 
ing the  compensation  to  which  he  may  be  legally  entitled,  to 
pay  over  to  the  proper  officers  the  amount  of  tax  collected  for 
the  support  of  highways  and  bridges,  and  to  the  supervisor  of 
the  town  the  moneys  which  shall  have  been  collected  therein, 
to  defray  town  expenses;  to  the  proper  school  officers,  the  dis- 
trict school  tax;  to  the  city  or  incorporated  town  or  village 
treasurer,  or  other  proper  officer,  the  taxes  or  special  assess- 
ments collected  by  him  for  such  city  or  incorporated  town  or 
village,  or  others,  as  often  and  at  such  times  as  may  be  de- 
manded by  the  proper  officer;  and  to  the  county  collector,  the 
county  tax  and  the  taxes  payable  to  the  state  treasury  collect- 
ed by  him. 

136.  Thirty  Day  Settlements  With  Cities,  Etc.]  § 164. 

Town  and  district  collectors  shall,  every  thirty  days,  when  re- 
quired to  do  so  by  the  proper  authorities  of  incorporated 
towns,  cities  and  villages,  road  and  school  districts,  for  which 
any  tax  is  collected,  render  to  said  authorities  a statement  of 


Assessment  and  Collection  of  Taxes. 


8i 


the  amount  of  each  kind  of  tax  collected  for  the  same,  and  at 
the  same  time  pay  over  to  such  authorities  the  amount  so 
shown  to  be  collected.  [As  amended  by  act  approved  May 
3>  1873. 

137-  Final  Settlement  For  Local  Taxes  Before  Re- 
turn. J § 167.  Each  town  and  district  collector  shall  make  fi- 
nal settlement  for  the  township,  district,  city,  village  and  town 
taxes,  charged  in  the  tax  books,  at  or  before  the  time  fixed  in 
this  act  for  paying  over  and  making  final  settlement  for  State 
and  county  taxes  collected  by  them.  In  such  settlements,  said 
collectors  shall  be  entitled  to  credit  for  the  amount  of  their 
commissions  on  the  amount  collected,  and  for  the  amount  un- 
collected on  the  tax  books,  as  may  be  determined  by  the  set- 
tlement with  the  county  collector. 

138.  Duplicate  Receipts.]  § 168.  The  officer  to  whom 
any  such  moneys  may  be  paid,  under  the  preceding  sections, 
shall  deliver  to  the  collector  duplicate  receipts  therefor. 

139.  To  Pay  Cities,  Etc.,  Every  Ten  Days.]  § 244. 
The  county  collector  shall  report  and  pay  over  the  amount  of 
tax  and  special  assessments,  due  to  towns,  districts,  cities,  vil- 
lages, corporations  and  persons,  collected  by  him  on  delin- 
quent property,  at  least  once  in  every  ten  days,  when  de- 
manded by  the  proper  authorities  or  persons. 

AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities  and 
towns,  of  taxes  levied  upon  property  destroyed  by  fire,  and  to  au- 
thorize the  common  council  of  such  cities,  or  board  of  trustees  of 
such  towns,  to  change  or  amend  appropriation  bills,  to  pass  new 
appropriation  bills,  to  reduce  taxes  and  special  assessments  in  cer- 
tain cases,  and  to  discontinue  special  improvements.  [Approved 
and  in  force  Jan.  18,  1872. 

140.  Rebate  When  Property  Destroyed.  | § 1.  That 

whenever,  in  any  incorporated  city  or  town  in  this  State,  any 
property  listed  or  assessed  for  municipal  taxation,  shall  have 
been  or  shall  hereafter  be  destroyed  by  fire,  in  whole  or  in  part, 
before  the  levy  of  the  municipal  taxes  of  such  city  thereon,  or 


82 


Statutes. 


before  the  municipal  taxes  levied  thereon  shall  have  been  col- 
lected, it  shall  and  may  be  lawful  for  the  mayor  of  such  city 
or  town — if  there  be  no  mayor,  then  the  president  of  the  board 
of  trustees,  the  city  comptroller,  if  there  should  be  one;  and  if 
not,  then  the  city  clerk  or  town  clerk,  and  the  tax  commis- 
sioner, if  there  should  be  one;  if  not,  then  the  chairman  of  the 
finance  committee  of  the  city  council,  or  board  of  trustees — 
to  rebate  or  remit  so  much  of  such  tax  or  taxes,  so  levied  upon 
such  property,  as  in  their  opinion  should  be  rebated  or  re- 
mitted by  reason  of  such  property  having  been,  in  whole  or 
in  part,  destroyed  by  fire. 

AN  ACT  to  refund  illegal  taxes.  [Approved  June  25,  1885.  In  force 
July  1,  1885. 

141.  City  May  Refund  Illegal  Taxes  — Limitation.] 

§ i.  That  whenever,  in  any  of  the  cities  of  this  State,  any 
taxes  for  city  purposes  have  been  collected  and  paid  into  the 
city  treasury  without  authority  of  law,  and  the  city  council  of 
such  cities  have  caused  certificates  to  be  issued  to  the  persons 
or  corporations  who  have  paid  such  illegal  taxes,  certifying 
that  such  taxes  were  illegally  assessed  and  collected,  the  city 
council  of  such  cities  are  hereby  authorized  to  make  an  ap- 
propriation as  soon  as  possible  after  this  act  shall  take  effect, 
for  the  purpose  of  refunding  such  illegal  taxes,  with  six  per 
cent,  interest  per  annum  from  the  date  of  such  certificates,  and 
warrants  shall  be  drawn  for  the  payment  of  such  sums  and  in- 
terest, out  of  the  fund  so  appropriated,  to  the  persons  or  cor- 
porations who  obtained  such  certificates,  or  their  assignees  or 
legal  representatives  in  the  usual  manner  prescribed  by  the 
charter  of  said  cities,  or  by  the  general  law : Provided , such 
certificates  are  presented  to  the  comptroller  of  such  cities  for 
exchange  for  warrants  within  two  years  after  this  act  shall  go 
into  effect.  And  the  treasurers  of  any  such  cities  shall  pay 
said  warrants  out  of  said  appropriations. 


Special  Assessment  and  Special  Taxation.  83 
ARTICLE  IX. 

SPECIAL  assessment  and  special  taxation. 


Section. 

142.  Powers  Conferred. 

143.  Ordinance  for  Improvement. 

144.  When  Property  is  Taken. 

145.  Petition. 

146.  Form  of  Petition. 

147.  Summons  -Publication— Notice. 

148.  Hearing— Jury. 

149.  Jury  to  Ascertain  Compensation  — Ad- 

mitting Other  Parties. 

150.  Viewing  Premises— Ownership,  etc. 

151.  Judgment  — New  Parties  — Further 

Proceedings. 

152.  Powers  of  Court. 

153.  Ownership — Further  Powers  of  Court. 

154.  Persons  Under  Disability. 

155.  Judgment— Effect— Appeal. 

156.  Order  for  Possession. 

157.  When  Improvements  made  by  Gen- 

eral Tax. 

158.  Special  Taxation. 

159.  How  Made. 

160.  Ordinance  for  Sidewalks  — Owners’ 

Rights. 

161.  Estimate  of  Cost. 

162.  Order  for  Proceeding  in  Court. 

163.  Petition  to  Court. 

164.  Appointment  of  Commissioners  — 

Oath. 

165.  Duty  of  Commissioners. 

166.  Assessment  Roll— Return. 

167.  Notice  by  Mail — Posting  aud  Publica- 

tion. 

168.  Proof  of  Notice. 

169.  Continuance  When  Notice  Not  in 

Time. 

170.  Objections — Judgment  by  Default. 

171.  Hearing— Jury. 

172.  Precedence. 

173.  Court  May  Modify,  etc.,  the  Assess- 

ment. 

174.  Judgment  Several— Appeal— Lien. 

175-  Judgment  Certified  to  City  Clerk  - Fil- 
ing— Warrant. 

176.  ■*  Form  of  Warrant. 

177.  Collector’s  Notice— Form  of. 


Section. 

178.  Manner  of  Collecting —Entry  of  Pay- 

ment. 

179.  Report  of  Delinquent  List  to  County 

Collector — Evidence— Defense. 

180.  Application  for  Judgment  — What 

Laws  Govern. 

18 1.  Return  of  Sales— Redemption. 

182.  Penalty  When  Lands  are  Sold  lor  Tax, 

etc. 

183.  Paying  Over — Compensation. 

184.  General  Revenue  Laws  Apply. 

185.  City  or  Village  May  Buy  In. 

186.  When  Assessment  Set  Aside  — New 

Assessment. 

187.  Supplemental  Assessments. 

188.  New  Assessments  Against  Delin- 

quen  ts — Lien — Limi  ta  tion . 

189.  Contracts  Payable  From  Assessments. 

190.  How  Contracts  Let— Approval. 

191.  Lien. 

192.  Collection  by  Suit. 

193.  Supplemental  Petition  to  Assess  Bene- 

fits in  Condemnation  Proceedings. 

194.  Adoption  of  This  Article. 

195.  Special  Assessments  Divisible  Into 

Installments. 

196.  Payment  for  Improvement — Voucher. 

197.  Maybe  Paid  Before  Maturity — Inter- 

est. 

198.  When  by  Installment— Ordinance. 

199.  Assessment  Roll — What  to  Contain. 

200.  Notice— What  to  Contain. 

201.  Order  of  Confirmation. 

202.  Warrant  for  Collection. 

203.  Proceedings  for  J udgment. 

204.  Persons  Accepting  Vouchers. 

205.  Surplus  Remaining — Notice. 

206.  Special  Assessment —When  City  May 

Advance  to  Pay  Damages. 

207.  When  Collected  by  Installment. 

208.  Return  of  Delinquent  to  Couuty  Col- 

lector— His  Duties. 

209.  Demand  for  Assessment  When  Tax 

Paid. 

210.  City,  etc.,  May  Buy  In  at  Sale. 

211.  Apportionment  of  Special  Assessment 

Payable  in  Installments. 


142-  Powers  Conferred.]  § 1.  That  the  corporate  au- 
thorities of  cities  and  villages  are  hereby  vested  with  power 
to  make  local  improvements  by  special  assessment  or  by  spec- 


84 


Statutes. 


cial  taxation,  or  both,  of  continguous  property,  or  general  tax- 
ation, or  otherwise,  as  they  shall  by  ordinance  prescribe. 

143-  Ordinance  For  Improvement.]  § 2.  When  any 
such  city  or  village  shall,  by  ordinance,  provide  for  the  mak- 
ing of  any  local  improvement,  it  shall,  by  the  same  ordinance, 
prescribe  whether  the  same  shall  be  made  by  special  assess- 
ment or  by  special  taxation  of  continguous  property,  or  gen- 
eral taxation,  or  both. 

144.  When  Property  is  Taken,  Etc.J  § 3.  Should 
said  ordinance  provide  for  improvements  which  require  the 
taking  or  damaging  of  property;  the  proceeding  for  making 
just  compensation  therefor  shall  be  as  follows: 

145.  Petition.]  § 4.  Whenever  any  such  ordinance 
shall  be  passed  by  the  legislative  authority  of  any  such  city  or 
village,  for  the  making  of  any  improvement  mentioned  in  the 
first  section  of  this  act,  or  any  other  local  improvement  that 
such  city  or  village  is  authorized  to  make,  the  making  of 
which  will  require  that  private  property  be  taken  or  damaged 
for  public  use,  such  city  or  village  shall  file  a petition  in  some 
court  of  record  of  the  county  in  which  such  city  is  situated,  in 
the  name  of  the  city,  praying  that  “the  just  compensation  to 
be  made  for  private  property  to  be  taken  or  damaged  for  the 
improvement  or  purpose  specilied  in  such  ordinance  shall  be 
ascertained  by  a jury.” 

146.  Form  of  Petition.]  § 5.  Such  petition  shall  con- 
tain a copy  of  the  said  ordinance,  certified  by  the  clerk,  under 
the  corporate  seal;  a reasonably  accurate  description  of  the 
lots,  parcels  of  land  and  property  which  will  be  taken  or  dam- 
aged, and  the  names  of  the  owners  and  occupants  th’ereof,-  so 
far  as  known  to  the  board  or  officer  filing  the  petition,  and 
where  any  known  owners  are  non-residents  of  the  State,  stat- 
ing the  fact  of  such  non-residence. 

147.  Summons — Publication— Notice.]  § 6.  Upon 


Special  Assessment  and  Special  Taxation.  85 

the  filing  of  the  petition  aforesaid,  a summons,  which  may  be 
made  returnable  upon  any  day  in  term  time,  shall  be  issued 
and  served  upon  the  persons  made  parties  defendant,  as  in 
cases  in  chancery.  And  in  case  any  of  them  are  unknown,  or 
reside  out  of  this  State,  the  clerk  of  the  court,  upon  an  affida- 
vit being  filed  showing  such  fact,  shall  cause  publication  to  be 
made  in  some  newspaper  printed  in  his  county,  or,  if  there  be 
no  newspaper  published  in  his  county,  then  in  some  newspa- 
per published  in  this  State  containing  notice  of  the  pendency 
of  such  proceeding,  the  parties  thereto,  the  title  of  the  court, 
and  the  time  and  place  of  the  return  of  the  summons  in  the 
case,  and  the  nature  of  said  proceeding;  such  publication  to  be 
made  for  four  weeks  consecutively,  at  least  once  in  each  week, 
the  first  of  which  shall  be  at  least  thirty  days  before  the  return 
day  of  such  summons.  Notices  so  given  by  publication  shall 
be  sufficient  to  authorize  the  court  to  hear  and  determine  the 
suit,  as  though  all  parties  had  been  sued  by  their  proper 
names  and  had  been  personally  served.  [As  amended  by  act 
approved  and  in  force  March  30,  1874. 

148-  Hearing — Jury.]  § 7.  Upon  the  return  of  said 
summons,  or  as  soon  thereafter  as  the  business  of  the  court 
will  permit,  the  said  court  shall  proceed  to  the  hearing  of  such 
petition,  and  shall  impanel  a jury  to  ascertain  the  just  compen- 
sation to  be  paid  to  all  of  such  owners  and  occupants  afore- 
said; but  if  any  defendant  or  party  in  interest  shall  demand,  or 
the  court  shall  deem  it  proper,  separate  juries  may  be  impan- 
eled as  to  the  compensation  or  damages  to  be  paid  to  any  one 
or  more  of  such  defendants  or  parties  in  interest.  [As  amend- 
ed by  act  approved  and  in  force  March  30,  1874. 

149.  Jury  to  Ascertain  Compensation — Admitting 
Other  Parties.]  § 8.  Such  jury  shall  also  ascertain  the 
just  compensation  to  be  paid  to  any  person  claiming  an  inter- 
est in  any  lot,  parcel  of  land  or  property  which  may  be  taken 
or  damaged  by  such  improvement,  whether  or  not  such  per- 


86 


Statutes. 


son’s  name,  or  such  lot,  parcel  of  land,  or  other  property,  is 
mentioned  or  described  in  such  petition : Provided , such  per- 
son shall  first  be  admitted  as  a party  defendant  to  said  suit  by 
such  court,  and  shall  file  a statement  of  his  interest  in  and  de- 
scription of  the  lot,  parcel  of  land,  or  other  property  in  respect 
to  which  he  claims  compensation. 

150-  Viewing  Premises — Ownership,  Etc.]  §9.  The 

court  may,  upon  the  motion  of  such  city  or  village,  or  of  any 
person  claiming  any  such  compensation,  direct  that  said  jury 
(under  the  charge  of  an  officer  of  the  court)  shall  view  the 
premises  which  it  is  claimed  by  any  party  to  said  proceeding 
will  be  taken  or  damaged  by  said  improvement,  and  in  any 
case,  where  there  is  no  satisfactory  evidence  given  to  the  jury 
as  to  the  ownership  of,  or  as  to  the  extent  of  the  interest  of 
any  defendant  in  the  property  to  be  taken  or  damaged,  the 
jury  may  return  their  verdict  as  to  the  compensation  or  dam- 
age to  be  paid  for  the  property  or  part  of  property  to  be  taken 
or  damaged,  and  for  the  entire  interests  therein.  [As 
amended  by  act  approved  and  in  force  March  30,  1874. 

151.  Judgment — New  Parties — Further  Proceedings.] 

§ 10.  Upon  the  return  of  such  verdict,  the  court  shall  order 
the  same  to  be  recorded,  and  shall  enter  such  judgment 
or  decree  thereon  as  the  nature  of  the  case  may  require.  The 
court  shall  continue  or  adjourn  the  cause,  from  time  to  time, 
as  to  all  occupants  and  owners  named  in  such  petition  who 
shall  not  have  been  served  with  process,  or  brought  in  by  pub- 
lication, and  shall  order  a new  summons  to  issue  and  new  pub- 
lication to  be  made;  and  upon  such  occupants  or  owners  being 
brought  into  court,  shall  impanel  a jury  to  ascertain  the  com- 
pensation so  to  be  paid  such  defendant  or  defendants,  for  private 
property  taken  or  damaged;  and  like  proceeding  shall  be  had 
for  such  purpose  as  hereinbefore  provided  for  the  ascertaining 
of  compensation  to  other  owners. 

152.  Powers  of  Court.  | §11.  The  court  shall  have 


Special  Assessment  and  Special  Taxation.  87 

power,  at  any  time,  upon  proof  that  any  such  owner  or  owners 
named  in  such  petition,  who  has  not  been  served  with  process* 
has  ceased  to  be  such  owner  or  owners  since  the  filing  of  such 
petition,  to  impanel  a jury  and  ascertain  the  just  compensation 
to  be  made  for  the  property  (or  the  damage  thereto)  which 
had  been  owned  by  the  person  or  persons  so  ceasing  to  own 
the  same;  and  the  court  may,  upon  any  finding  or  findings  of 
any  jury  or  juries,  or  at  any  time  during  the  course  of  such 
proceedings,  enter  such  order,  rule,  judgment  or  decree  as  the 
nature  of  the  case  may  require. 

153.  Ownership — Further  Powers  of  Court.]  § 12. 

No  delay  in  making  an  assessment  of  compensation  shall  be 
occasioned  by  any  doubt  or  contest  which  may  arise  as  to  the 
ownership  of  the  property,  or  any  part  thereof,  or  as  to  the 
interests  of  the  respective  owners  or  claimants,  but  in  such 
case  the  court  may  impanel  a jury  and  ascertain  the  entire 
compensation  or  damage  that  should  be  paid  for  the  property, 
or  part  of  property,  and  the  entire  interests  of  all  parties 
therein,  and  may  require  adverse  claimants  to  interplead  so  as 
to  fully  determine  their  rights  and  interests  in  the  compensation 
so  ascertained.  And  the  court  may  make  such  order  as 
may  be  necessary  in  regard  to  the  deposit  or  payment  of  such 
compensation. 

154.  Persons  Under  Disability.]  § 13.  When  it  shall 
appear,  from  said  petition  or  otherwise,  at  any  time  during  the 
proceedings  upon  such  petition,  that  any  infant,  or  insane  or 
distracted  person,  is  interested  in  any  property  that  is  to  be 
taken  or  damaged,  the  court  shall  appoint  a guardian,  ad  litem 
for  such  infant  or  insane  or  distracted  person,  to  appear 
and  defend  for  him,  her  or  them;  and  the  court  shall  make 
such  order  or  decree  as  it  shall  deem  proper  to  protect  and  • 
secure  the  interest  of  such  infant,  or  insane  or  distracted  per- 
son, in  such  property,  or  the  compensation  which  shall  be 
awarded  therefor. 


88 


Statutes. 


155.  Judgment— Effect— Appeal,  Etc.]  § 14.  Any 

final  judgment  or  judgments,  rendered  by  said  court,  upon  any 
finding  or  findings  of  any  jury  or  juries,  shall  be  a lawful  and 
sufficient  condemnation  of  the  land  or  property  to  be  taken 
upon  the  payment  of  the  amount  of  such  finding  as  hereinafter 
provided.  It  shall  be  final  and  conclusive  as  to  the  damages 
caused  by  such  improvement,  unless  such  judgment  or  judg- 
ments shall  be  appealed  from;  but  no  appeal  or  writ  of  error 
upon  the  same  shall  delay  proceedings  under  said  ordinance, 
if  such  city  or  village  shall  deposit,  as  directed  by  the  court, 
the  amount  of  the  judgment  and  costs,  and  shall  file  a bond  in 
the  court  in  which  such  judgment  was  rendered,  in  a sum  to 
be  fixed  and  with  security  to  be  approved  by  the  judge  of  said 
court,  which  shall  secure  the  payment  of  any  future  compensa- 
tion which  may  at  any  time  be  finally  awarded  to  such  party 
so  appealing  or  suing  out  such  writ  of  error,  and  his  or  her 
costs. 

156.  Order  for  Possession,]  § 15.  The  court,  upon 
proof  that  said  just  compensation  so  found  by  the  jury  has 
been  paid  to  the  person  entitled  thereto,  or  has  been  deposited 
as  directed  by  the  court  (and  bond  given,  in  case  of  any  appeal 
or  writ  of  error),  shall  enter  an  order  that  the  city  or  village 
shall  have  the  right,  at  any  time  thereafter,  to  take  possession 
of  or  damage  the  property,  in  respect  to  which  such  compen- 
sation shall  have  been  so  paid  or  deposited,  as  aforesaid. 

157.  When  Improvement  Made  by  General  Tax.]  § 16. 

When  the  ordinance  under  which  said  improvement  is  ordered 
to  be  made  shall  provide  that  such  improvement  shall  be  made 
by  general  taxation,  the  cost  of  such  improvement  shall  be 
added  to  the  general  appropriation  bill  of  such  city  or  village, 
and  shall  be  levied  and  collected  with  and  as  a part  of  the 
general  taxes  of  such  city  or  village. 

158-  Special  Taxation.]  § 17.  When  said  ordinance 
under  which  said  local  improvement  shall  be  ordered  shall 


Special  Assessment  and  Special  Taxation.*  89 

provide  that  such  improvement  shall  be  made  by  special  taxa- 
tion of  contiguous  property,  the  same  shall  be  levied,  assessed 
and  collected  in  the  way  provided  in  the  sections  of  this  act 
providing  for  the  mode  of  making,  levying,  assessing  and  col- 
lecting special  assessments. 

159.  How  Made.]  § 18.  When  the  ordinance  under 
which  said  local  improvement  is  ordered  to  be  made  shall  pro- 
vide that  such  improvement  shall  be  wholly  or  in  part  made 
by  special  assessment,  the  proceedings  for  the  making  such 
special  assessment  shall  be  in  accordance  with  the  sections  of 
this  act  [article]  from  18  to  51,  inclusive. 

160.  Ordinance — For  Sidewalks — Owner’s  Rights.] 

§ 19.  Whenever  such  local  improvements  are  to  be  made 
wholly  or  in  part  by  special  assessment,  the  said  council  in 
cities,  or  board  of  trustees  in  villages,  shall  pass  an  ordinance 
to  that  effect,  specifying  therein  the  nature,  character,  locality 
and  description  of  such  improvement:  Provided , that  where 
the  owners  of  a majority  of  the  property  in  any  block  abut- 
ting on  any  street,  alley,  park  or  public  place  shall  petition 
the  common  council  in  cities,  or  board  of  trustees  in  villages, 
for  any  local  improvements,  it  shall  be  the  duty  of  said  coun- 
cil or  board  of  trustees  to  pass  an  ordinance  for  said  improve- 
ment : Provided,  that  whenever  any  such  ordinance  shall  pro- 
vide only  for  the  building  or  renewing  of  any  sidewalk,  the 
owner  of  any  lot  or  piece  of  land  fronting  on  such  sidewalk 
shall  be  allowed  fifteen  days  after  the  time  at  which  such  ordi- 
nance shall  take  effect,  in  which  to  build  or  renew  such  sidewalk 
opposite  his  land,  and  thereby  relieve  the  same  from  assess- 
ment: Provided , that  the  work  so  to  be  done,  shall  in  all  re- 
spects conform  to  the  requirements  of  such  ordinance.  [ As 
amended  by  act  approved  June  1,  1889.  In  force  July  1, 
1889. 

161  Estimate  of  Cost  ] § 20.  The  city  council  or 

board  of  trustees  shall  appoint  three  of  its  members,  or  any 


9° 


Statutes. 


other  three  competent  persons,  who  shall  make  an  estimate  of 
the  cost  of  the  improvement  contemplated  by  such  ordinance, 
including  the  labor,  materials,  and  all  other  expenses  attending 
the  same,  and  the  cost  of  making  and  levying  the  assessment, 
and  shall  report  the  same  in  writing  to  said,  council  or  board 
of  trustees. 

162-  Order  for  Proceeding  in  Court.  J § 21.  On  such 
report  being  made,  and  approved  by  the  council  or  board  of 
trustees,  as  the  case  may  be,  it  may  order  a petition  to  be  filed 
by  such  officer  as  it  shall  direct,  in  the  county  court  of  its 
county,  for  proceeding  to  assess  the  cost  of  such  improvement 
in  the  manner  provided  in  this  act. 

163.  Petition  to  Court.]  § 22.  The  petition  shall  be 
in  the  name  of  the  corporation,  and  shall  recite  the  ordinance 
for  the  proposed  improvement  and  the  report  of  such  commis- 
sion, and  shall  pray  that  the  cost  of  such  improvement  may  be 
assessed  in  the  manner  prescribed  by  law. 

164-  Appointment  of  Commissioners — Oath.]  § 23. 

Upon  the  filing  of  such  petition  the  court  shall  appoint  three 
competent  persons  as  commissioners,  who  shall,  take  and  sub- 
scribe an  oath,  in  substance  as  follows,  to-wit: 

State  of  Illinois,  t 
County,  j sx_ 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of countv, 

to  assess  the  cost  of (here  state  in  general  terms  the  improvement),  do  solemnly 

swear  (or  affirm  as  the  case  may  be,)  that  we  will  a true  and  impartial  assessment  make 
ot  the  cost  of  said  improvement  upon  the  city  (or  village)  of.  . . . , and  the  property 

benefited  by  such  improvement,  to  the  best  of  our  ability,  aftd  according  to  law. 

165-  Duty  of  Commissioners.  | § 24.  It  shall  be  the 

duty  of  such  commissioners  to  examine  the  locality  where  the 
improvement  is  proposed  to  be  made,  and  the  lots,  blocks, 
tracts  and  parcels  of  land  that  will  be  specially  benefited  there- 
by, and  to  estimate  what  proportion  of  the  total  cost  of  such 
improvement  will  be  of  benefit  to  the  public,  and  what  pro- 
portion thereof  will  be  of  benefit  to  the  property  to  be  benefited, 
and  apportion  the  same  between  the  city  or  village  and  such 
property,  so  that  each  shall  bear  its  relative  equitable  propor- 


Special  Assessment  and  Special  Taxation.  91 

tion;  and  having  found  said  amounts,  to  apportion  and  assess 
the  amount  so  found  to  be  of  benefit  to  the  pioperty  upon  the 
several  lots,  blocks,  tracts  and  parcels  of  land  in  the  propor- 
tion in  which  they  will  be  severally  benefited  by  such  improve- 
ment: Provided , that  no  lot,  block,  tract  or  parcel  of  land 
shall  be  assessed  a greater  amount  than  it  will  be  actually 
benefited : A ud,  provided,  further , that  it  shall  not  be  neces- 
sary for  said  commissioners  to  examine  the  locality  except 
where  the  ordinance  provides  for  the  opening,  widening  or 
improvement  of  streets  and  alleys.  [As  amended  by  act  ap- 
proved and  in  force  March  30,  1874. 

[§  25,  repealed  by  act  approved  April  25,  1873. 

166-  Assessment  Roll — Return. [ § 26.  They  shall 

also  make  or  cause  to  be  made  an  assessment  roll,  in  which 
shall  appear  the  names  of  the  owners,  so  far  as  known,  a de- 
scription of  each  lot,  block,  tract  or  parcel  of  land,  and  the 
amount  assessed  as  special  benefits  thereto,  and  in  which  they 
shall  set  down  as  against  the  city  or  village  the  amount  they 
shall  have  found  as  public  benefit,  and  certify  such  assessment 
roll  to  the  court  by  which  they  were  appointed,  at  least  ten 
days  before  the  first  day  of  the  term  at  which  a final  hearing 
thereon  shall  be  had.  [As  amended  by  act  approved  and  in 
force  March  30,  1874. 

167-  Notice  by  Mail — Posting  and  Publication.]  § 27. 

It  shall  also  be  the  duty  of  such  commissioners  to  give  notice 
of  such  assessment,  and  of  the  term  of  court  at  which  a final 
hearing  thereon  will  be  had,  in  the  following  manner: 

First — They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  whose  name  and  place  of  residence  is  known  to  them, 
a notice,  substantially  in  the  following  form : 

Mr Your  (here  give  a short  description  of  the  premises)  is  assessed 

$ for  public  improvement.  The  assessment  roll  will  be  leturned  to  the 


term  of  the . . court  of county. 

(Here  give  date.)  Commissioners. 


Second — They  shall  cause  at  least  ten  days’  notice  to  be 
given,  by  posting  notices  in  at  least  four  public  places  in  such 


92 


Statutes. 


city  or  village,  two  of  which  shall  be  in  the  neighborhood  of 
such  proposed  improvement;  and  when  a daily  newspaper  is 
published  in  such  city  or  village,  by  publishing  the  same  at 
least  five  successive  days  in  such  daily  newspaper,  or  if  no 
daily  newspaper  is  published  in  such  city  or  village,  and  a 
weekly  newspaper  is  published  therein,  then  at  least  once  in 
each  week,  for  two  successive  weeks,  in  such  weekly  news- 
paper, or  if  no  daily  or  weekly  newspaper  is  published  in  such 
city  or  village,  then  at  least  once  in  each  week  for  two  succes- 
sive weeks  in  a newspaper  published  in  the  county  in  which 
such  city  or  village  is  situated.  The  notice  may  be  substan- 
tially as  follows: 


SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested,  that  the  city  council,  (or  board  of  trus- 
tees, as  the  case  may  be),  of  having  ordered  that  (here  insert  a brief  descrip- 

tion of  the  nature  of  the  improvement),  the  ordinance  for  the  same  being  on  file  in  the 

office  of  the clerk,  have  applied  to  the  court  of 

county  for  an  assessment  of  the  cost  of  such  improvements,  according  to  benefits;  and  an 
assessment  thereof  having  been  made  and  returned  to  said  court,  the  final  hearing  there- 
on will  be  had  at  the term  of  said  court,  commencing  on  the 

day  of A.  D.  18  . . All  persons  desiring,  may  then  and  there  appear  and 

make  their  defense. 

(Here  give  date  ) 

Commissoners. 

[ A.s  amended  by  act  approved  June  26,  1885.  In  force  July 
1,  1885. 

168-  Proof  of  Notice.]  § 28.  On  or  before  the  final 
hearing,  the  affidavit  of  one  or  more  of  the  commissioners 
shall  be  filed  in  said  court,  stating  that  they  have  sent  or 
caused  to  be  sent  by  mail,  to  the  owners  whose  premises  have 
been  assessed,  and  whose  name  and  place  of  residence  are 
known  to  them,  the  notice  hereinbefore  required  to  be  sent  by 
mail  to  owners  of  premises  assessed.  They  shall  also  cause 
to  be  filed  the  affidavit  of  the  person  who  shall  have  posted 
the  notices  required  by  this  act  to  be  posted,  setting  forth 
when  and  in  what  manner  the  same  were  posted.  Such  affi- 
davits shall  be  received  as  prirna  facie  evidence  of  a com- 
pliance with  this  act  in  regard  to  giving  such  notices.  They 
shall  also  file  a certificate  of  publication  of  said  notice  in  like 


Special  Assessment  and  Special  Taxation.  93 

manner  as  is  required  in  other  cases  of  publication  of  notices. 
[As  amended  by  act  approved  April  25,  1873.  1°  force  July 

1, 1873- 

169-  Continuance  When  Notice  Not  in  Time.]  § 29. 

If  ten  days  shall  not  have  elapsed  between  the  first  publica- 
tion or  the  putting  up  of  such  notices  and  the  first  day  of  the 
next  term  of  such  court,  the  hearing  shall  be  continued  until 
the  next  term  of  court. 

170.  Objections — Judgment  by  Default.]  § 30.  Any 

person  interested  in  any  real  estate  to  be  affected  by  such  as- 
sessment, may  appear  and  file  objections  to  such  report,  and 
the  court  may  make  such  order  in  regard  to  the  time  of  filing 
such  objections  as  may  be  made  in  cases  at  law  in  regard  to 
the  time  of  filing  pleas.  As  to  all  lots,  blocks,  tracts  and  par- 
cels of  land  to  the  assessment  of  which  objections  are  not  filed 
within  the  time  ordered  by  the  court,  default  may  be  entered, 
and  the  assessment  confirmed  by  the  court. 

171-  Hearing — Jury.]  § 31.  On  the  hearing,  the  re- 
port of  the  commissioners  shall  be  competent  evidence,  and 
either  party  may  introduce  such  other  evidence  as  may  tend 
to  establish  the  right  of  the  matter.  The  hearing  shall  be 
conducted  as  in  other  cases  at  law,  and  if  it  shall  appear  that 
the  premises  of  the  objector  are  assessed  more  or  less  than 
they  will  be  benefited,  or  more  or  less  than  their  proportionate 
share  of  the  cost  of  the  improvement,  the  jury  shall  so  find, 
and  also  find  the  amount  for  which  such  premises  ought  to  be 
assessed,  and  judgment  shall  be  rendered  accordingly. 

172.  Precedence.]  § 32.  The  hearing  in  all  cases  aris- 
ing under  this  act  shall  have  precedence  over  all  other  cases  in 
such  court,  except  criminal  cases. 

173.  Court  May  Modify,  Etc.,  the  Assessment,]  § 33. 

The  court  before  which  any  such  proceeding  may  be  pending, 
shall  have  authority,  at  any  time  before  final  adjournment 


94 


Statutes. 


[judgment],  to  modify,  alter,  change,  annul  or  confirm  any 
assessment  returned,  as  aforesaid,  or  cause  any  such  assess- 
ment to  be  recast  by  the  same  commissioners  whenever  it 
shall  be  necessary  for  the  attainment  of  justice,  or  may  appoint 
other  commissioners  in  the  place  of  all  or  any  of  the  commis- 
sioners first  appointed,  for  the  purpose  of  making  such  assess- 
ment, or  modifying,  altering,  changing  or  recasting  the  same, 
and  may  take  all  such  proceedings  and  make  all  such  orders 
as  may  be  necessary  to  make  a true  and  just  assessment  of  the 
cost  of  such  improvement  according  to  the  principles  of  this 
act,  and  may  from  time  to  time,  as  may  be  necessary,  continue 
the  application  for  that  purpose  as  to  the  whole  or  any  part  of 
the  premises. 

174.  Judgment  Several — Appeal,  Etc.— Lien.]  § 34. 

The  judgment  of  the  court  shall  have  the  effect  of  a several 
judgment  as  to  each  tract  or  parcel  of  land  assessed,  and  any 
appeal  from  such  judgment  or  writ  of  error  shall  not  invalidate 
or  delay  the  judgment,  except  as  to  the  property  concerning 
which  the  appeal  or  writ  of  error  is  taken.  Such  judgment 
shall  be  a lien  upon  the  property  assessed,  from  the  date 
thereof  until  payment  shall  be  made. 

175.  Judgment  Certified  to  City  Clerk — Filing — War- 
rant. | § 35.  The  clerk  of  the  court  in  which  such  judg- 

ment is  rendered  shall  certify  the  assessment  roll  and  judg- 
ment to  the  officer  of  such  city  or  village  aythorized  to  collect 
such  special  assessments,  or  if  there  has  been  an  appeal  or 
writ  of  error  taken  on  any  part  of  such^judgment  then  he 
sjiall  certify  such  part  of  the  judgment  a^-is  not  included  in 
such  appeal  or  writ  of  error,  and  such  certificate  shall  be  filed 
in  his  office  by  the  officer  receiving  the  same.  With  such  as- 
sessment roll  and  judgment  the  clerk  of  such  court  shall  also 
issue  a warrant  for  the  collection  of  such  assessment.  [As 
amended  by  act  approved  June  26,  1885.  In  force  July  1,  1885. 

176.  Form  of  Warrant.]  § 36.  The  warrant  in  all 


Special  Assessment  and  Special  Taxation.  95 

cases  of  assessment  under  this  act  shall  contain  a copy  of  such 
certificate  of  the  judgment,  describing  the  lots,  blocks,  tracts 
or  parcels  of  land  assessed,  and  the  respective  amounts  as- 
sessed on  each  lot,  block,  track  or  parcel  of  land,  and  shall 
be  delivered  to  the  officer  authorized  to  collect  such  special 
assessments.  Such  warrant  shall  give  sufficient  authority  to 
collect  the  assessments  therein  specified. 

177.  Collector’s  Notice — Form  of.]  § 37.  The  col- 
lector receiving  such  warrant  shall  immediately  give  notice 
thereof  by  publishing  such  notice  in  one  or  more  newspapers 
in  such  city  or  village,  if  such  newspaper  is  there;  and  if  there 
is  no  such  newspaper,  then  by  posting  four  copies  thereof  in 
public  places  along  the  line  of  the  proposed  improvements. 
Such  notices  may  be,  substantially,  in  the  following  form : 

SPECIAL  ASSESSMENT  NOTICE.  SPECIAL  WARRANT  NO. . 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  "has  rendered  judgment 
tor  a special  assessment  upon  property  benefited  by  the  following  improvement  (here  in- 
sert the  character  and  location  of  the  improvement  in  general  terms)  as  will  more  fully 
appear  from  the  certified  copy  of  the  judgment  on  file  in  my  office;  that  a warrant  for  the 
collection  of  such  assessment  is  in  the  hands  of  the  undersigned.  All  persons  interested 
are  hereby  notified  to  call  and  pay  the  amounts  assessed,  at  the  collector’s  office  (here  in- 
sert location  of  office),  within  thirty  days  from  the  date  hereof. 

Dated  this day  of A.  D.  18 Collector. 

[As  amended  by  act  approved  June  26,  1885.  In  force 
July  1,  1885. 

178.  Manner  of  Collecting — Entry  of  Payment.]  § 38. 

It  shall  be  the  duty  of  the  collector  into  whose  hands  the  war- 
rant shall  so  come,  as  far  as  practicable,  to  call  upon  all  per- 
sons resident  within  the  corporation  whose  names  appear  on 
the  assessment  roll,  or  the  occupants  of  the  property  assessed, 
and  personally,  or  by  written  or  printed  notice  left  at  his  or 
her  usual  place  of  abode,  inform  them  of  such  assessment,  and 
request  payment  of  the  same.  Any  such  collector  omitting 
so  to  do  shall  be  liable  to  a penalty  of  $10  for  every  such 
omission,  but  the  validity  of  the  special  assessment,  or  the 
right  to  apply  for  and  obtain  judgment  for  any  such  special 
[assessment,]  shall  not  be  affected  by  such  omission.  It  shall 
be  the  duty  of  such  collector  to  write  the  word  u paid  ” oppo- 


96 


Statutes. 


site  each  tract  or  lot  on  which  the  assessment  is  paid,  together 
with  the  name  and  postoffice  address  of  the  person  making 
the  payment,  and  date  of  payment. 

179-  Report  of  Delinquent  List  to  County  Collector — 
Evidence — Defense.]  § 39.  It  shall  be  the  duty  of  the  col- 
lector of  special  assessments,  within  such  time  as  the  city 
council  or  board  of  trustees  may  by  ordinance  provide,  to 
make  a report  in  writing — to  the  general  officer  of  the  county 
authorized,  or  to  be  designated  by  the  general  revenue  law  of 
this  State,  to  apply  for  judgment  and  sell  lands  for  taxes  due 
the  county  and  State — of  all  the  lands,  town  lots  and  real 
property  on  which  he  shall  have  been  unable  to  collect  special 
assessments,  with  the  amount  of  special  assessments  due  and 
unpaid  thereon,  together  with  his  warrant,  or  with  a brief  de- 
scription of  the  nature  of  the  warrant  or  warrants  received  by 
him  authorizing  the  collection  thereof;  which  report  shall  be 
accompanied  with  the  oath  of  the  collector  that  the  list  is  a 
correct  return  and  report  of  the  lands,  town  lots  and  real  prop- 
erty on  which  the  special  assessments  levied  by  authority  of 

the  city  of (or  village  of as  the  case  may  be,) 

remain  due  and  unpaid;  that  he  is  unable  to  collect  the  same 
or  any  part  thereof,  and  that  he  has  given  the  notice  required 
by  law  that  said  warrants  had  been  received  by  him  for  col- 
lection. Said  report,  when  so  made,  shall  be  prima  facie 
evidence  that  all  the  forms  and  requirements  of  the  law  in  re- 
lation to  making  said  return  have  been  complied  with,  and 
that  the  special  assessments  mentioned  in  said  report  are  due 
and  unpaid.  And,  upon  the  application  for  judgment  upon 
such  assessment,  no  defense  or  objection  shall  be  made  or 
heard  which  might  have  been  interposed  in  the  proceeding  for 
the  making  of  such  assessment,  or  the  application  for  the  con- 
firmation thereof. 

180-  Application  for  Judgment — What  Laws  Govern.] 

§ 40.  When  said  general  officer  shall  receive  the  report 


Special  Assessment  and  Special  Taxation.  97 

provided  for  in  the  preceding  section,  he  shall  proceed  to  ob- 
tain judgment  against  said  lots,  parcels  of  land,  and  property, 
for  said  special  assessments  remaining  due  and  unpaid,  at  the 
same  time  and  in  the  same  manner  as  is  or  may  be  by  law 
provided  for  obtaining  judgment  against  lands  for  taxes  due 
and  unpaid  the  county  and  State;  and  shall  in  the  same  man- 
ner proceed  to  sell  the  same  for  the  said  special  assessments 
remaining  due  and  unpaid.  In  obtaining  said  judgment  and 
making  said  sale,  the  said  officer  shall  be  governed  by  the 
general  revenue  laws  of  this  State,  except  when  otherwise 
provided  herein.  No  application  for  judgment  against  lands 
for  unpaid  special  assessments  shall  be  made  at  a time  different 
from  the  annual  application  for  judgment  against  lands,  upon 
which  general  taxes  remain  due  and  unpaid.  The  application 
for  judgment  upon  delinquent  special  assessments  in  each 
year,  shall  include  only  such  special  assessments  as  shall  have 
been  returned  as  delinquent  to  the  county  collector,  on  or  be- 
fore the  first  day  of  April,  in  the  year  in  which  such  applica- 
tion is  made.  [As  amended  by  act  approved  June  18,  1883. 
In  force  July  1,  1883. 

181.  Return  of  Sales  — Redemption.]  § 41.  After 
making  said  sales,  the  fist  of  lots,  parcels  of  land  and  property 
sold  thereat  shall  be  returned  to  the  office  of  the  county  clerk, 
and  redemption  may  be  made  as  provided  for  by  the  general 
revenue  law  of  this  State. 

182.  Penalty  When  Lands  are  Sold  for  Tax,  Etc.] 

§42.  If  the  collector  shall  receive  any  moneys  for  taxes  or 
assessments,  giving  a receipt  therefor  for  any  land  or  parcel 
of  land,  and  afterwards  return  the  same  as  unpaid  to  the 
State  officers  authorized  to  sell  land  for  taxes,  or  shall  receive 
the  same  after  making  such  return,  and  the  same  be  sold  for 
tax  or  assessment  which  has  been  so  paid  and  receipted  for 
by  himself  or  his  clerks,  he  and  his  bond  shall  be  liable  to  the 
holder  of  the  certificate  given  to  the  purchaser  at  the  sale,  for 


9« 


Statutes. 


double  the  amount  of  the  face  of  the  certificate,  to  be  demand- 
ed in  two  years  from  the  date  of  the  sale,  and  recovered  in 
any  court  having  jurisdiction  of  the  amount;  and  the  city  or 
village  shall,  in  no  case,  be  liable  to  the  holder  of  such  cer- 
tificate. 

183-  Paying  Over — Compensation.]  § 43.  The  col- 
lector or  collectors,  and  the  general  officer  aforesaid,  to 
whom  the  said  warrant  shall  be  returned,  shall  pay  over  to 
the  city  or  village  treasurer  to  which  it  shall  belong  all  * 
moneys  collected  by  them,  respectively,  upon  or  by  virtue  of  such 
warrant,  or  upon  any  sale  for  taxes  or  otherwise,  at  such  time 
or  times,  and  in  such  manner  as  shall  be  prescribed  by  ordi- 
nance, and  shall  be  allowed  such  compensation  for  their 
services  in  the  collection  of  such  assessment  as  the  ordi- 
nances of  the  city  or  village  may  provide,  except  when 
such  compensation  is  fixed  by  general  law. 

184.  General  Revenue  Laws  Apply.  ] § 44-  The  gen‘ 

eral  revenue  laws  of  this  State,  in  reference  to  proceedings  to 
recover  judgments  for  delinquent  taxes,  the  sale  of  property 
thereon,  the  execution  of  certificates  of  sale  and  deeds  there- 
on, the  force  and  effect  of  such  sales  and  deeds,  and  all  other 
laws  in  relation  to  the  enforcement  and  collection  of  taxes  and 
redemption  from  tax  sales,  except  as  herein  otherwise 
provided,  shall  be  applicable  to  proceedings  to  collect  such 
special  assessment. 

185-  City  or  Village  May  Buy  In.]  § 45.  Any  city  or 
village  interested  in  the  collection  of  any  tax  or  special  assess- 
ment, may  become  a purchaser  at  any  sale  of  real  or  personal 
property  to  enforce  the  collection  of  the  same,  and  may,  by 
ordinance,  authorize  and  make  it  the  duty  of  one  or  more  city 
or  village  officers  to  attend  such  sales,  and  bid  thereat  in  behalf 
of  the  corporation. 

1 86.  When  Assessment  Set  Aside — New  Assessment.] 

§ 46.  If  any  assessment  shall  be  annulled  by  the  city  council 


Special  Assessment  and  Special  Taxation.  99 

or  board  of  trustees,  or  set  aside  by  any  court,  a new  assess- 
ment may  be  made  and  returned,  and  like  notice  given  and 
proceedings  had,  as  herein  required  in  relation  to  the  first; 
and  all  parties  in  interest  shall  have  the  like  rights,  and  the 
city  council  or  board  of  trustees  and  court  shall  perform 
like  duties  and  have  like  power  in  relation  to  any  subse- 
quent assessment,  as  are  hereby  given  in  relation  to  the  first 
assessment. 

187-  Supplemental  Assessments.]  § 47.  If,  in  any 

case,  the  first  assessment  prove  insufficient,  a second  may  be 
made  in  the  same  manner,  as  nearly  as  may  be,  and  so  on,  un- 
til sufhcent  moneys  shall  have  been  realized  to  pay  for  such 
public  improvement.  If  too  large  a sum  shall,  at  any  time, 
be  raised,  the  excess  shall  be  refunded  ratably  to  those  by 
whom  it  was  paid. 

188-  New  Assessments  Against  Delinquents — Lien — 

Limitation.  ] § 48.  If,  from  any  cause,  any  city  or  village 

shall  fail  to  collect  the  whole  or  any  portion  of  any  spe- 
cial assessment  which  may  be  levied,  which  shall  not  be  can- 
celed and  set  aside  by  the  order  of  any  court,  for  any  public 
improvement  authorized  to  be  made  and  paid  for  by  special 
assessment,  the  city  council  or  board  of  trustees  may,  at  any 
time  within  five  years  after  the  confirmation  of  the  original 
assessment,  direct  a new  assessment  to  be  made  upon  the  de- 
linquent property  for  the  amount  of  such  deficiency,  and  in- 
terest thereon  from  the  date  of  such  original  assessment — 
which  assessment  shall  be  made,  as  near  as  may  be,  in  the 
manner  as  is  herein  prescribed  for  the  first  assessment.  In  all 
cases  where  partial  payment  shall  have  been  made  on  such 
former  assessment,  they  shall  be  credited  or  allowed  on  the 
new  assessment  to  the  property  for  which  they  were  made, 
so  that  the  assessment  shall  be  equal  and  impartial  in  its 
results.  If  such  new  assessment  prove  ineffectual,  either  in 
whole  or  in  part,  the  city  council  or  board  of  trustees  may, 


100 


Statutes. 


at  any  time  within  said  period  of  five  years,  order  a third, 
and  so  on,  to  be  levied  in  the  same  manner  and  for  the 
same  purpose;  and  it  shall  constitute  no  legal  objection  to 
such  assessment  that  the  property  may  have  changed  hands, 
or  been  encumbered,  subsequent  to  the  date  of  the  original 
assessment,  it  being  the  true  intent  and  meaning  of  this  sec- 
tion to  make  the  cost  and  expense  of  all  public  improvements, 
to  be  paid  for  by  a special  assessment,  a charge  upon  the 
property  assessed  therefor,  for  the  full  period  of  five  years, 
from  the  confirmation  of  the  original  assessment,  and  for  such 
longer  period  as  may  be  required  to  collect,  in  due  course  of 
law,  any  new  assessment  ordered  within  that  period. 

189-  Contracts  Payable  From  Assessments.  ] § 49- 

All  persons  taking  any  contracts  with  the  city  or  village,  and 
who  agree  to  be  paid  from  special  assessments,  shall  have  no 
claim  or  lien  upon  the  city  or  village  in  any  event,  except  from 
the  collections  of  the  special  assessments  made  for  the  work 
contracted  for. 

190.  How  Contracts  Let — Approval.]  § 50.  All  con- 
tracts for  the  making  of  any  public  improvement,  to  be  paid 
for  in  whole  or  in  part  by  a special  assessment,  and  any  work 
or  other  public  improvement,  when  the  expense  thereof  shall 
exceed  $500,  shall  be  let  to  the  lowest  responsible  bidder,  in 
the  manner  to  be  prescribed  by  ordinance — such  contracts  to 
be  approved  by  the  mayor  or  president  of  the  board  of  trustees: 
Provided , however , any  such  contract  may  be  entered  into  by 
the  proper  officer  without  advertising  for  bids,  and  without 
such  approval,  by  a vote  of  two-thirds  of  all  the  aldermen  or 
trustees  elected. 

191.  Lien  ] § 51.  All  special  assessments  levied  by  any 
city  or  village  under  this  act,  shall,  from  the  date  of  assess- 
ment, be  a lien  upon  the  real  estate  upon  which  the  same  may 

f 

be  imposed,  and  such  lien  shall  continue  until  such  special  as- 
sessments are  paid.  And  the  same  proceedings  may  be  re- 


Special  Assessment  and  Special  Taxation.  ioi 


sorted  to  by  the  collector,  upon  any  warrant  or  order  issued 
or  made  for  the  collection  of  special  assessments,  as  in  the 
case  of  the  collection  of  State  and  county  taxes  under  the  gen- 
eral laws  of  the  State. 

192.  Collection  by  Suit.]  § 52.  At  any  time  after  the 
same  becomes  due,  it  shall  and  may  be  lawful  for  any  collector 
thereof  to  commence  suit  in  any  court  of  record,  in  the  corpo- 
rate name  of  such  city  or  village,  against  any  person  or  per- 
sons, for  the  total  amount  of  special  assessments  which  such 
person  or  persons  are  liable  for  the  payment  of.  Such  suit 
shall  be  commenced  by  petition,  and  shall  state  the  several 
amounts  of  the  special  assessments  sought  to  be  recovered, 
and  give  a general  description  of  the  warrant  or  warrants  is- 
sued for  the  collection  thereof.  Upon  the  filing  of  the  petition 
a summons  shall  be  issued,  served  and  returned  as  in  other 
suits  in  such  court.  Upon  the  return  of  such- summons,  duly 
served,  the  court  shall  forthwith  proceed  to  the  hearing  of  said 
petition  without  formal  pleadings,  and  may  render  judgment 
for  all  or  any  part  of  the  special  assessments,  as  the  right  and 
justice  of  the  case  may  require.  The  original,  or  a certified 
copy  (by  the  clerk,  under  the  corporate  seal,)  of  such  warrant 
or  warrants  and  list  or  lists,  or  so  much  thereof  as  refers  to 
the  special  assessments  sought  to  be  recovered,  shall  be  prima 
facie  evidence  of  the  right  of  said  collector  to  a judgment  in 
favor  of  such  corporation.  Execution  shall  issue  on  such 
judgment  as  in  other  cases,  but  such  execution  may  be  first 
levied  upon  and  collected  from  any  personal  property  of  the 
defendant;  or  the  court,  in  which  such  proceedings  were  had, 
may,  upon  complaint  of  the  city  or  village,  issue  a scire  facias 
against  the  person  or  persons  liable  for  such  payment,  to  show 
cause  why  execution  should  not  issue  against  him  or  them  for 
the  amount  of  such  assessment;  and  if,  upon  the  return  of  such 
scire  facias , good  cause  is  not  shown  why  execution  should  not 
issue,  the  court  may  award  execution  against  such  person  or 
persons  in  the  usual  form  of  execution  upon  judgments  at  law. 


102 


Statutes. 


AN  ACT  to  amend  section  53.  article  9,  of  “An  act  to  provide  for  the  in- 
corporation of  cities  and  villages,’ ’ approved  April  10,  1872,  a& 
amended. 

§ i.  That  section  53  of  article  9 of  “An  act  to  provide  for 
the  incorporation  of  cities  and  villages,”  approved  April  ioy 
1872,  be  amended  to  read  as  follows: 


193.  Supplemental  Petition  to  Assess  Benefits  in  Con- 
demnation Proceedings.]  § 53.  Whenever  any  city  or 
village  shall  apply  to  any  court  for  the  purpose  of  making  just 
compensation  for  property  taken  or  damaged  by  such  pro- 
ceedings as  are  authorized  by  this  act,  such  city  or  village 
may  file  in  the  same  proceedings  a supplemental  petition, 
praying  the  court  to  cause  that  an  assessment  be  made  for  the 
purpose  of  raising  the  amount  necessary  to  pay  the  compensa- 
tion  and  damages  which  may  be  or  shall  have  been  awarded 
for  the  property  taken  or  damaged  with  the  costs  of  the  pro- 
ceeding. The  said  court  shall  have  power,  at  any  time  after 
such  supplemental  petition  shall  have  been  filed,  to  appoint 
three  commissioners  to  make  such  assessment  and  to  ascer- 
tain, as  near  as  may  be,  the  costs  incurred  to  the  time  of  such 
appointment,  and  the  probable  further  costs  of  the  proceed- 
ings, including  therein  the  estimated  costs  of  making  and  col- 
lecting such  assessment,  and  shall  direct  such  cost  to  be  in- 
cluded by  such  commissioners  in  making  said  assessment. 
Like  proceedings  in  making  said  assessment  shall  be  had,  and 
the  assessment  shall  be  made,  collected  and  enforced  in  the 
same  manner,  as  near  as  may  be,  as  is  provided  in  this  article 
in  other  cases:  Provided , however , in  all  proceedings  hereto- 
fore commenced,  where  the  property  has  not  been  fully  paid 
for,  or  that  shall  hereafter  be  commenced,  said  city  or  village 
shall  take  and  pay  for  the  lands  sought  to  be  taken  or  damaged 
within  two  years  of  the  entry  of  judgment  in  such  condemna- 
tion proceedings.  And  after  the  expiration  of  such  time  the: 
court  in  which  the  proceedings  may  have  been  had,  upon  a 
motion  of  any  person  interested  in  the  lands,  may  enquire  in  a 


Special  Assessment  and  Special  Taxation.  103 

summary  manner  whether  the  lands  in  which  such  person  is 
interested  have  been  taken  or  damaged  and  paid  for;  and  if 
the  court  finds  that  such  lands  have  not  been  taken  or  dam- 
aged and  not  been  paid  for,  it  shall  enter  an  order  requiring 
the  city  or  village  to  pay  for  such  lands  within  a short  day,  to 
be  fixed  by  the  court;  and  in  default  thereof  shall  dismiss  such 
proceeding  as  far  as  they  relate  to  lands  of  such  person.  If, 
however,  the  court  finds  that  such  city  or  village  has  taken 
possession  of  the  land  and  has  not  paid  therefor,  it  shall  enter 
an  order  requiring  such  city  or  village  to  pay  the  amount  of 
the  condemnation  judgment,  with  interest  from  the  time  of 
such  taking,  within  a short  day  to  be  fixed  by  the  court;  and 
in  default  thereof,  to  dismiss  the  proceedings  and  enter  a sev- 
eral judgment  in  favor  of  such  land  owners  for  interest  from 
the  day  of  taking,  and  direct  the  issue  of  a writ  of  possession 
in  favor  of  the  several  owners  or  their  legal  representatives  or 
grantees  respectively.  And  such  dismissal  as  aforesaid  shall 
operate  as  a bar  to  further  proceedings  under  such  ordinance 
against  the  land  affected  by  such  dismissal.  And  every  such 
cause  shall  be  considered  as  pending  in  the  court  in  which  the 
same  has  been,  or  shall  be  commenced,  until  all  the  lands 
sought  to  be  taken  are  paid  for,  or  until  the  proceedings  are 
dismissed  where  the  lands  have  not  been  taken.  [Approved 
June  18,  1891. 

194.  Adoption  of  This  Article.]  § 54.  Any  city  or 
incorporated  town  or  village  may,  if  it  shall  so  determine  by 
ordinance,  adopt  the  provisions  of  this  article  without  adopt- 
ing the  whole  of  this  act;  and  where  it  shall  have  so  adopted 
this  article,  it  shall  have  the  right  to  take  all  proceedings  in 
this  article  provided  for,  and  have  the  benefit  of  all  the  pro- 
visions hereof. 


Statutes. 


104 

AN  ACT  to  amend  sections  55  and  63  of  article  9,  of  an  act  entitled  “An 
act  to  provide  for  the  incorporation  of  cities  and  villages,’ ’ ap- 
proved April  10,  1872,  as  amended  by  an  act  entitled  “An  act  to 
amend  article  9 of  an  act  entitled  ‘An  act  to  provide  for  the  in- 
corporation of  cities  and  villages,’  ” approved  April  10,  1872,  in 
force  July  1,  1872,  by  adding  thereto  the  following  sections,  ap- 
proved and  in  force  April  29,  1887. 

195.  Special  Assessment  Divisible  Into  Instalments.] 

§ 55.  That  the  amount  of  any  special  assessment  for  any 
local  improvement  in  any  city,  incorporated  town  or  village 
may  be  divided  into  installments,  when  so  provided  for  by  the 
ordinance  providing  for  the  said  improvement,  the  first  of 
which  shall  not  exceed  the  sum  of  twenty-five  per  cent,  of  the 
total  of  said  assessment,  and  which  shall  be  due  and  payable 
from  and  after  confirmation  of  said  assessment.  The  remain- 
ing portion  of  said  assessment,  after  deducting  the  said  first 
installment,  shall  be  divided  into  four  equal  annual  installments, 
which  said  installments  shall  be  payable  annually  thereafter,  and 
collected  in  the  same  manner  that  other  assessments  are  now 
collected,  and  the  annual  interest,  herein  provided  for,  on  all  of 
said  installments  which  may  at  any  time  remain  unpaid,  shall 
also  be  payable  annually  thereafter  and  collected  in  the  same 
manner  that  other  assessments  are  now  collected.  Each  of 
said  four  last  named  installments  shall  bear  interest  at  the  rate 
of  six  per  cent,  per  annum,  payable  in  each  year,  from  and 
after  the  first  day  of  July  next  succeeding  the  confirmation  of 
said  assessment,  when  such  confirmation  shall  be  had  between 
the  first  day  of  November  and  the  first  day  of  March;  and 
when  such  confirmation  is  had  between  the  first  day  of  March 
and  the  first  day  of  July,  then  each  of  the  said  four  last  named 
installments  shall  bear  interest  at  the  rate  of  six  per  cent,  per 
annum  in  each  year,  from  and  after  the  first  day  of  October 
next  succeeding  such  confirmation  of  assessment;  and  when 
such  confirmation  is  had  between  the  first  day  of  July  and 
the  first  day  of  November,  then  each  of  said  four  last  named 
installments  shall  bear  interest  at  the  rate  of  six  per  cent,  per 


Special  Assessment  and  Special  Taxation.  105 

annum,  from  and  after  the  first  day  of  January  next  succeed- 
ing such  confirmation  of  assessment.  Such  interest  shall  be 
payable  in  each  year  at  the  time  when  the  installments  are 
payable:  Provided , that  in  cities  containing  a population  of 
fifty  thousand  or  more  this  and  the  following  sections  shall 
not  apply  except  in  cases  where  any  such  special  assessments 
shall  exceed  in  the  aggregate  the  sum  of  fifteen  thousand  dol- 
lars. 

196-  Payment  for  Improvement  Done — Vouchers.] 

§ 63.  Payment  for  any  improvement  done  or  performed 
under  the  provisions  of  this  act  shall  be  made  in  the  following 
manner:  From  the  amount  of  the  first  payment  when  it  shall 
be  collected  shall  first  be  paid  all  the  costs  of  making  the  said 
assessment,  including  court  costs.  The  remainder  of  said  pay- 
ment shall  then  be  paid  to  the  person  or  persons  entitled 
thereto  on  the  contract  for  said  work.  The  amount  remain- 
ing due  upon  the  contract  for  said  improvement  shall  then 
be  divided  into  four  equal  parts,  and  the  authorities  of  any 
city,  incorporated  town  or  village  shall  issue  a voucher  to  the 
person  or  persons  entitled  thereto  for  each  part,  payable  in  the 
same  order  and  manner  that  the  installments  are  payable,  and 
said  vouchers  shall  bear  the  same  rate  of  interest  pe$  annum 
that  the  said  installments  bear,  which  interest  shall  be  paid  on 
the  first  day  of  July,  October  or  January,  annually  after  their 
date,  according  to  the  date  of  the  confirmation  of  the  respect- 
ive assessments,  to  the  person  holding  such  voucher. 

Said  vouchers  shall  be  made  payable  to  the  order  of  the 
person  or  persons  entitled  thereto,  and  state  the  improve- 
ment and  the  installment  for  which  they  are  issued. 

They  shall  also  contain  the  following:  In  consideration  of 

the  issuing  of  this  voucher  I hereby  for sel 

heirs,  executors,  administrators  and  assigns,  accept  the  same 
in  full  payment  of  the  amount  herein  stated,  and  relinquish 
any  and  all  claims  of  liens  I have  against  the  (city,  incorporat- 


io  6 


Statutes. 


ed  town,  or  village)  of for  the  work  mentioned 

herein,  or  for  the  payment  of  this  voucher,  except  from  the 
collection  of  the  installment  herein  named. 


(Signature  of  person  receiving  the  same.) 

Approved  June  15,  1891. 

197.  May  be  Paid  Before  Maturity — Interest.]  § 56. 

That  any  installment  or  installments  which  may  be  assessed 
against  any  tract,  lot,  block  or  piece  of  land  may  be  paid  at 
any  time  before  maturity,  in  which  case  interest  shall  be 
charged  only  to  the  time  of  payment,  and  upon  such  pay- 
ment the  property  for  which  said  payment  is  made  shall 
be  discharged  from  the  lien  to  the  extent  of  such  payment. 
[Added  by  act  approved  and  in  force  April  29,  1887. 

198.  When  by  Installment  — Ordinance.]  § 57. 

Whenever  any  city,  incorporated  town  or  village  desires  to 
make  the  collection  of  any  special  assessment,  as  aforesaid, 
by  installments  under  the  provision  of  this  act,  the  ordinance 
providing  for  said  improvement  shall  also  state  that  the  same 
shall  be  collected  by  installments,  and  fix  the  amount  of  the 
first  installment.  [Added  by  act  approved  and  in  force  April 
29,  1887*. 

199.  Assessment  Roll — What  to  Contain.]  § 58.  Up- 
on the  assessment  roll  to  be  returned  by  the  commissioners 
shall  be  designated,  in  appropriate  columns,  first  the  amount 
of  each  installment,  second  the  total  amqunt  of  the  assessment, 
which  said  items  shall  be  carried  out  and  set  opposite  each 
tract,  lot  or  piece  of  property  so  assessed.  [Added  by  act  ap- 
proved and  in  force  April  29,  1887. 

200.  Notice — What  to  Contain.]  § 59.  The  notice  to 
be  given  by  the  collector  as  now  provided  for  by  law  when 
the  assessment  is  under  the  provisions  of  this  act,  in  addition 
to  what  is  now  required  shall  contain  the  amount  of  each  in- 
stallment, the  rate  of  interest  deferred  installments  bear,  the 


Special  Assessment  and  Special  Taxation.  107 

date  of  payment  and  that  the  whole  of  said  assessment,  or  any 
installment  thereof,  may  be  paid  at  any  time  at  the  option  of 
the  owner  or  owners  of  said  lot,  block,  piece  or  tract.  [Ad- 
ded by  act  approved  and  in  force  April  29,  1887. 

201.  Order  of  Confirmation.]  § 60.  The  order  of 
confirmation  that  shall  be  entered  upon  the  return  of  any  such 
assessment  roll  shall  apply  to  all  of  the  installments  thereof, 
and  may  be  entered  in  one  order.  [Added  by  act  approved 
and  in  force  April  29,  1887. 

202.  Warrant  for  Collection.  | § 61.  The  warrant 

for  the  collection  of  any  such  special  assessment  to  be  made 
hereunder  shall  contain  a copy  of  such  certificate  of  the  judg- 
ment, describing  the  lots,  blocks,  tracts  or  parcels  of  lands  as- 
sessed and  the  respective  amount  asssessed  upon  each  lot,  tract, 
piece  or  parcel  of  land,  and  the  year  in  which  each  installment 
is  payable.  [Added  by  act  approved  and  in  force  April  29, 

1887. 

203.  Proceedings  for  Judgment.]  § 62.  Proceedings 
for  judgment  and  sale  against  lots,  tracts,  pieces  and  parcels 
of  land  for  which  the  assessment  has  not  been  paid  shall  be 
had  in  the  same  manner  as  now  provided  upon  each  install- 
ment in  the  respective  years  in  which  they  become  due  and 
payable,  and  the  laws  now  in  force  in  so  far  as  they  are  appli- 
cable shall  apply.  [Added  by  act  approved  and  in  force 
April  29,  1887. 

204.  Persons  Accepting  Vouchers.]  § 64.  Any  per- 
son or  persons  accepting  the  vouchers,  as  provided  herein, 
for  work  done  or  performed  upon  any  local  or  public  improve- 
ment shall  have  no  claim  or  lien  upon  the  city,  incorporated 
town  or  village  in  any  event  for  the  payment  of  said  vouch- 
ers or  the  interest,  except  from  the  collection  of  the  install- 
ments for  which  said  vouchers  are  issued,  and , -provided , 
that  this  section  shall  apply  to  all  holders  of  any  of  said  vouch- 


io8 


Statutes. 


ers,  whether  the  original  contractor  or  their  assigns.  [Added 
by  act  approved  and  in  force  April  29,  1887. 

205.  Surplus  Remaining — Notice.]  § 65.  If  upon  the 
payment  of  the  money  and  issuance  of  the  vouchers,  as 
provided  for  in  the  last  section  hereof,  there  shall  be  any  sur- 
plus remaining  of  said  special  assessment  over  and  above  the 
payment  aforesaid,  it  shall  be  the  duty  of  the  proper  authori- 
ties of  said  city,  incorporated  town  or  village  to  at  once  cause 
the  respective  installments  to  be  credited  with  their  respective 
proportion  of  surplus,  and  in  case  any  person  or  persons  have, 
before  said  credit  has  been  entered,  paid  his  assessment  or 
any  part  thereof,  without  having  received  the  benefit  of  said 
credit,  the  proper  authorities  shall  at  once  cause  notice  of  such 
over-payment  to  be  sent  by  mail  to  the  person  by  whom  such 
over-payment  was  made,  and  upon  proper  proofs  the  same 
shall  be  repaid.  [Added  by  act  approved  and  in  force  April 
29,  1887. 

206.  Special  Assessment — When  City  May  Advance 

to  Pay  Damages  ] § 66.  In  case  said  special  assessment 

shall  be  made  for  the  purpose  of  paying  the  compensation 
awarded  for  the  taking  or  damaging  of  private  property  for 
public  use,  payments  may  be  made  as  provided  herein,  in  the 
case  of  contracts  let  and  the  acceptance  by  the  owner  of  any 
lot,  piece  or  tract  taken  or  damaged  of  the  vouchers  issued 
shall  be  deemed  payment  to  said  owner  or  owners  of  said 
compensation,  and  upon  proof  thereof,  an  order  of  posses- 
sion may  be  entered,  as  is  now  provided:  Provided , that 
after  a special  assessment  has  been  confirmed  to  pay  for  prop- 
erty taken  or  damaged  for  public  use,  the  city  council  in  cities 
and  the  president  and  board  of  trustees  in  villages  may 
appropriate  and  advance  a sufficient  amount  to  pay  the  com- 
pensation awarded,  or  so  much  of  the  same  as  shall  not  have 
been  paid  by  acceptance  of  vouchers  as  herein  provided: 
Provided , hozvcvcr , that  such  appropriation  and  advancement 
shall  in  no  way  affect  the  collection  of  said  assessment,  but 


Special  Assessment  and  Special  Taxation.  109 

the  same  shall  be  collected  in  the  same  manner,  as  though 
said  appropriation  had  not  been  made:  And , 'provided,  fur- 
ther, that  when  such  assessment  shall  have  been  collected, 
that  the  same,  together  with  the  interest  thereon,  shall  be  paid 
into  the  general  fund  of  said  city,  incorporated  town  or  village 
in  liquidation  of  the  amount  so  advanced.  [Added  by  act  ap- 
proved and  in  force  April  29,  1887. 

207.  When  Collected  by  Installment.]  § 67.  In  all 

cases  where  special  assessments  have  been  made,  but  not  con- 
firmed, it  shall  be  lawful  for  any  city,  incorporated  town  or 
village,  through  its  legislative  body,  to  provide  by  ordinance 
that  said  assessment  may  be  collected  by  installments,  under 
the  provisions  of  this  act.  [Added  by  act  approved  and  in 
force  April  29,  1887. 

AN  ACT  for  the  assessment  of  property  and  for  the  levy  and  collection 
of  taxes.  [Approved  March  30,  1872,  in  force  July  1,  1872. 

208.  Return  of  Delinquent  to  County  Collectors — His 
Duties — Transfer  of  Amounts.]  § 178.  When  any  special 
assessment  made  by  any  city,  town  or  village,  pursuant  to  its 
charter,  or  by  any  corporate-  authorities,  commissioners  or 
persons,  pursuant  to  law,  remain  unpaid  in  whole  or  in  part, 
return  thereof  shall  be  made  to  the  county  collector  on  or  be- 
fore the  tenth  day  of  March  next  after  the  same  shall  have  be- 
come payable,  in  like  forms  as  returns  are  made  for  the  de- 
linquent land  tax.  County  collectors  shall  collect,  account  for, 
and  pay  over  the  same  to  the  authorities  or  persons  having 
authority  to  receive  the  same,  in  like  manner  as  they  are  re- 
quired to  collect,  account  for  and  pay  over  taxes.  The  county 
collector  may,  upon  return  of  delinquent  special  assessments  to 
him,  transfer  the  amounts  thereof  from  such  returns  to  the  tax 
books  in  his  hands,  setting  down  therein,  opposite  the  respect- 
ive tracts,  or  lots,  in  proper  columns  to  be  prepared  for  that 
purpose,  the  amounts  assessed  against  such  tract  or  lot. 
[As  amended  by  act  approved  May  3,  1873. 


I 10 


Statutes. 


209.  Demand  for  Assessment  When  Tax  Paid.J  §179. 

When  any  special  assessment  is  returned  against  property, 
the  taxes  upon  which  shall  have  been  paid  to  the  town  or  dis- 
trict collector,  it  shall  be  the  duty  of  the  county  collector  to 
cause  demand  to  be  made  for  the  payment  of  such  special 
assessment,  or  a notice  thereof  to  be  sent  by  mail,  or  other- 
wise, to  the  owner,  if  his  place  of  residence  is  known.  The 
certificate  of  a collector  that  such  demand  was  made  or  notice 
given,  shall  be  evidence  thereof. 

AN  ACT  in  relation  to  the  collection  of  taxes  and  special  assessments. 
[Approved  and  in  force  May  3,  1873. 

210.  City,  Etc.,  May  Buy  In  at  Sale.]  § 3.  Any  in- 
corporated city,  town  or  village,  or  corporate  authorities,  com- 
missioners, or  persons  interested  in  at  any  such  special  assess- 
ment or  installment  thereof,  may  become  purchaser  at  any 
sale,  and  may  designate  and  appoint  some  officer  or  person  to 
attend  and  bid  at  such  sale  on  its  behalf. 

AN  ACT  concerning  the  apportionment  of  special  assessments  payable 
in  installments.  [Approved  April  13,  1875.  In  force  July  1,  1875. 

211.  Apportionment  of  Special  Assessments  Payable 
in  Installments.]  § 1.  That  in  all  cases  where  any  special  as- 
sessments, payable  in  installments,  has  been,  or  hereafter  shall 
be  made  by  any  corporate  authority,  for  supplying  water,  or 
other  corporate  purpose,  and  the  owner  or  owners  of  any  lot, 
block  or  parcel  of  land  so  assessed,  or  some  of  them,  shall 
desire  to  subdivide  the  same,  and  to  apportion  such  assessment 
and  the  several  installments  thereof  in  such  manner  that  each 
parcel  of  such  proposed  subdivision  shall  bear  its  just  and 
equitable  proportion  thereof,  the  same  may  be  done  in  the 
manner  following,  to-wit:  The  owner  or  owners  of  such  lot, 
block  or  parcel  of  land  shall  present  to  such  corporate  author- 
ity a petition,  setting  forth: 

1.  The  descriptive  character  of  the  assessment  and  the 
date  of  the  confirmation  of  the  same. 


Special  Assessment  and  Special  Taxation.  hi 


2.  The  names  of  the  owners. 

3.  A description  of  the  land  proposed  to  be  subdivided,  to- 
gether with  the  amount  of  each  installment  thereon,  and  the 
year  or  years  for  which  the  same  are  due. 

4.  A plat  showing  the  proposed  subdivision. 

5.  The  proposed  apportionment  of  the  amount  of  each  in- 
stallment on  each  lot  or  parcel  according  to  such  proposed 
subdivision.  Such  petition  shall  be  acknowledged  in  the  man- 
ner provided  for  the  acknowledgment  of  deeds,  and  if  such 
corporate  authority  shall  be  satisfied  therewith,  they  shall 
cause  to  be  indorsed  or  attached  to  such  petition  their  approval 
by  their  clerk  or  secretary,  under  their  corporate  seal,  and  the 
same,  so  approved,  shall  be  filed  and  recorded  in  the  office  of 
the  county  clerk  in  which  such  land  shall  be  situate,  and  such 
apportioned  assessment  shall  stand  in  place  of  the  original  as- 
sessment, and  the  same  and  the  several  installments  thereof 
shall  be  deemed  duly  apportioned,  and  the  several  amounts  so 
apportioned  shall  be  liens  upon  the  several  parcels  charged, 
respectively;  and  for  the  purpose  of  collecting  the  same  all 
proceedings  shall  be  had  and  taken  as  if  said  assessment  and 
installments  had  been  made  and  apportioned  in  the  first  in- 
stance according  to  such  apportioned  description  and  amounts, 
and  the  respective  owners  shall  be  held  to  have  waived  every 
and  all  objections  to  such  assessment  and  the  apportionment 
aforesaid : Provided , this  act  shall  not  apply  to  any  lot,  block 
or  parcel  of  land  on  which  there  shall  remain  due  and  unpaid 
any  installment.  In  case  the  owners  are  unable  to  agree  as  to 
such  apportionment,  or  any  of  them  are  under  legal  disability, 
one  or  more  of  them  may  file  a petition  with  the  circuit  court 
of  the  county  in  which  such  land  so  assessed  is  situate,  sub- 
stantially in  form  as  hereinbefore  provided;  and  in  such  case 
such  corporate  authority,  together  with  all  owners  or  persons 
interested,  not  joined  as  petitioners  and  unknown  owners,  if 
any,  shall  be  made  parties  defendant,  and  all  proceedings  in 


1 1 2 


Statutes. 


relation  thereto  shall  be  had  as  in  cases  in  chancery.  The 
court  may  hear  and  determine  the  case  according  to  the  right 
of  the  matter.  A copy  of  the  record  of  the  proceedings  of 
the  court  in  the  premises  in  case  of  an  apportionment,  duly 
certified,  shall  be  filed  and  recorded  in  the  office  of  such 
county  clerk,  and  the  same  shall  thereupon,  as  to  the  land 
therein  embraced,  the  owners  thereof,  the  apportionment 
aforesaid,  and  the  collection  of  the  several  amounts  appor- 
tioned, have  the  same  force  and  effect  as  is  hereinbefore  pro- 
vided in  cases  where  such  corporate  authorities  shall  approve 
of  a petition  and  file  and  record  the  same. 


ARTICLE  X. 

MISCELLANEOUS  PROVISIONS* 


Section. 

212.  Water — Borrow  Money. 

213.  Acquiring  Property  for  Water  Works 

— Jurisdiction  Over. 

214.  Regulation— Rates,  Taxation,  etc. 

215.  Water  Rates  Fixed — Supply  by  Pri- 

vate Parties. 

216.  Tax-payer  May  Enforce  Rights  in 

Name  ot  City. 


Section. 

217.  Maps— Approval  of. 

218.  Inhabitants  Competent  as  Jurors,  etc. 

219.  Population— Census. 

220.  Municipal  Year. 

221.  City  Need  Not  Give  Appeal  Bond. 


212.  Water  Supply — Borrowing  Money.]  § 1.  The 

city  council  or  board  of  trustees  shall  have  the  power  to  pro- 
vide for  a supply  of  water  by  the  boring  and  sinking  of  artesian 
wells,  or  by  the  construction  and  regulation  of  wells,  pumps,  cis- 
terns, reservoirs  or  water  works,  and  to  borrow  money  there- 
for, and  to  authorize  any  person  or  private  corporation  to  con- 
struct and  .maintain  the  same  at  such  rate  as  may  be  fixed  by 
ordinance,  and  for  a period  not  exceeding  thirty  years;  also  to 
prevent  the  unnecessary  waste  of  water;  to  prevent  the  pollu- 
tion of  the  water,  and  injuries  to  such  wells,  pumps,  cisterns, 
reservoirs  or  water  works. 


Miscellaneous  Provisions.  113 

213-  Acquiring  Property  for  Waterworks — Jurisdic- 
tion Over.]  For  the  purpose  of  establishing  or  supplying 
water  works,  any  city  or  village  may  go  beyond  its  territorial 
limits,  and  may  take,  hold  and  acquire  property  by  purchase 
or  otherwise;  shall  have  power  to  take  and  condemn  all  nec- 
essary lands  and  property  therefor,  in  the  manner  provided 
for  the  taking  or  injuring  private  property  for  public  uses;  and 
the  jurisdiction  of  the  city  or  village  to  prevent  or  punish  any 
pollution  or  injury  to  the  stream  or  source  of  water,  or  to  such 
water  works,  shall  extend  five  miles  beyond  its  corporate  lim- 
its, or  so  far  as  such  water  works  may  extend. 

214  Regulations — Rates — Taxation,  Etc.]  §3.  The 
city  council  or  board  of  trustees  shall  have  power  to  make  all 
needful  rules  and  regulations  concerning  the  use  of  water 
supplied  by  the  water  works  of  said  city  or  village,  and  to  do 
all  acts  and  make  such  rules  and  regulations  for  the  construc- 
tion, completion,  management  or  control  of  the  water  works, 
and  for  the  levying  and  collecting  of  any  water  taxes,  rates  or 
assessments,  as  the  said  city  council  or  board  of  trustees  may 
deem  necessary  and  expedient;  and  such  water  taxes,  rents, 
rates  or  assessments  may  be  levied  or  assessed  upon  any  lot 
or  parcel  of  ground,  having  a building  or  buildings  thereon, 
which  shall  abut  or  join  any  street,  avenue  or  alley  in  such 
city  or  village  through  which  the  distributing  pipes  of  such 
water  works  (if  any)  of  said  city  or  village  are  or  may  be 
laid,  which  can  be  conveniently  supplied  with  water  from  said 
pipes:  Provided , [whether]  the  water  shall  be  used  on  such 
lot  or  parcel  of  ground  or  not;  and  the  same,  when  so  levied 
or  assessed,  shall  become  a continuing  lien  or  charge  upon 
such  lot  or  parcel  of  ground,  building  or  buildings,  situated 
thereon,  and  such  lien  or  charge  may  be  collected  or  enforced 
in  such  manner  as  the  city  council  may,  by  ordinance,  pre- 
scribe. And  the  corporate  authorities  may  levy  a general  tax 
for  the  construction  and  maintenance  of  such  water  works, 
and  appropriate  money  therefor. 


Statutes. 


1 r4 

AN  ACT  to  enable  cities,  towns  and  villages  incorporated  under  any 
general  or  special  law  of  this  State  to  fix  the  rates  and  charges  for 
the  supply  of  water  furnished  by  any  individual,  company  or  cor- 
poration to  any  such  city,  town  or  village  and  the  inhabitants 
thereof. 

215-  Water  Rates  and  Charges  Fixed  When  the  Sup- 
ply is  Furnished  by  Private  Parties.]  § i.  That  the  cor- 
porate authorities  of  any  city,  town  or  village,  now  or  hereaf- 
ter incorporated  under  any  general  or  special  law  of  this  State, 
in  which  any  individual,  company  or  corporation  has  been,  or 
hereafter  may  be,  authorized  by  such  city,  town  or  village  to 
supply  water  to  such  city,  town  or  village  and  the  inhabitants 
thereof,  be  and  are  hereby  empowered  to  prescribe  by  ordi- 
nance maximum  rates  and  charges  for  the  supply  of  water 
furnished  by  such  individual,  company  or  corporation  to  such 
city,  town  or  village  and  the  inhabitants  thereof,  such  rates  and 
charges  to  be  just  and  reasonable.  And  in  case  the  corporate 
authorities  of  any  such  city,  town  or  village  shall  fix  unjust 
and  unreasonable  rates  and  charges,  the  same  may  be  re- 
viewed and  determined  by  the  circuit  court  of  the  county  in 
which  such  city,  town  or  village  may  be.  [Approved  June 
6,  1891. 

216.  Tax-Payer  May  Enforce  Rights  in  Name  of  City, 

Etc.]  § 4.  A suit  may  be  brought  by  any  tax-payer,  in  the 
name  and  for  the  benefit  of  the  city  or  village,  against  any 
person  or  corporation,  to  recover  any  money  or  property  be- 
longing to  the  city  or  village,  or  for  any  money  which  may 
have  been  paid,  expended  or  released  without  authority  of  law: 
Provided , that  such  tax-payer  shall  file  a bond  for  all  costs 
and  be  liable  for  all  costs  in  case  the  city  or  village  be  cast  in 
the  suit,  and  judgment  shall  be  rendered  accordingly. 

217.  Maps — Approval  of.]  § 5.  The  city  council  or 
board  of  trustees  shall  have  power  to  provide,  by  ordinance, 
that  any  map,  plat,  or  subdivision  of  any  block,  lot,  sub-lot, 
or  part  thereof,  or  of  any  piece  or  parcel  of  land,  shall  be  sub- 


Miscellaneous  Provisions. 


ii5 

mitted  to  the  city  council  or  board  of  trustees,  or  to  some  offi- 
cer to  be  designated  by  such  council  or  board  of  trustees,  for 
their  or  his  approval;  and  in  such  cases  no  such  map,  plat  or 
subdivision  shall  be  entitled  to  record  in  the  proper  county,  or 
have  any  validity  until  it  shall  have  been  so  approved. 

218.  Inhabitants  Competent  as  Jurors,  Etc.]  § 6.  No 

person  shall  be  an  incompetent  judge,  justice  or  juror,  by  rea- 
son of  his  being  an  inhabitant  or  freeholder  in  said  city  or  vil- 
lage, in  any  action  or  proceeding  in  which  said  city  or  village 
may  be  a party  in  interest. 

219.  Population — Census.]  §7.  Whenever  in  this  act 
any  provision  thereof  is  based  upon  the  number  of  inhabitants, 
[the  number  of  inhabitants]  of  the  city  or  village  shall  be  de- 
termined by  reference  to  the  latest  census  taken  by  authority 
of  the  United  States  or  this  State,  or  of  such  city  or  vil- 
lage; and  it  shall  be  the  duty  of  the  secretary  of  State,  upon 
the  publication  of  any  State  or  United  States  census,  to  certify 
to  each  city  or  village  the  number  of  inhabitants,  as  shown  by 
such  census.  Any  city  or  village  may,  by  ordinance,  provide 
for  the  taking  of  a census  of  the  population  thereof,  in  order 
to  determine  the  number  of  such  population  for  any  and  all 
purposes  of  this  act.  And  the  several  courts  in  this  State 
shall  take  judicial  notice  of  the  population  of  any  city  or  vil- 
lage, as  the  same  may  appear  from  the  latest  federal,  State, 
city  or  village  census  so  taken. 

220-  Municipal  Year.]  § 8.  The  term  “ municipal 
year”  shall  be  construed  to  mean  the  period  elapsing  between 
the  regular  annual  elections,  unless  otherwise  provided  by  or- 
dinance. 

221.  City  or  Village  Need  Not  Give  Appeal  Bond.] 

§ 9.  When  in  any  suit  the  city  or  village  prays  an  appeal 
from  the  judgment  of  any  court  of  this  State  to  a higher  court, 
it  shall  not  be  required  to  furnish  an  appeal  bond. 


ii  6 


Statutes. 


ARTICLE  XL 


ORGANIZATION 

Section. 

222.  By  Incorporated  Towns. 

223.  Ballot. 

224.  Returns— Canvass— Record. 

225.  Result -Old  Officers  Continue  Until, 

Etc. 

226.  New  Organization— How  Effected. 

227.  Petition— Election— Returns. 

228.  Result —Election  of  Officers,  Etc. 

229.  Trustees  - Corporate  Name— Powers. 

230.  Powers  and  Duties  of  President  and 

Trustees. 


OF  VILLAGES. 

Section. 

231.  Style  of  Ordinances. 

232.  Appointment  of  Officers— Prescribe 

Duties  anil  Fees. 

233.  Powers  of  Constable. 

234.  Annual  Elections. 

235.  Suits— Jurisdiction— Fines,  Etc. 

236.  Police  Magistrates. 

237.  No  Incorporation  Under  Former  Laws. 

238.  Changing  From  City  to  Village. 

239.  Election  of  President  -Powers  of. 

240.  Repeal. 


222-  By  Incorporated  Towns.]  § 1.  Any  town  in  this 
State  incorporated  either  under  any  general  law  for  the  incor- 
poration of  towns,  and  acts  amendatory  thereof,  or  under  any 
special  act  for  the  incorporation  of  any  town  or  village,  may 
become  organized  as  a village,  under  this  act,  in  the  manner 
following:  ' Whenever  any  thirty  voters  in  such  town  shall 
petition  the  president  and  trustees  thereof  to  submit  the  ques- 
tion whether  such  town  will  become  organized  as  a village, 
under  this  act,  to  the  decision  of  the  legal  voters  thereof,  it 
shall  be  the  duty  of  such  president  and  trustees  to  submit  the 
same  accordingly;  and  to  fix  a time  and  place  within  such 
town  for  holding  such  election;  and  to  appoint  the  judges  to 
hold  such  election;  and  to  give  notice  of  the  time,  place  and 
purpose  of  such  election  by  causing  at  least  five  notices  thereof 
to  be  posted  in  public  places  in  such  town,  for  at  least  fifteen 
days  prior  to  holding  such  election. 

223-  Ballot.]  § 2.  Each  qualified  voter,  resident  with- 
in such  town  or  proposed  village,  shall  have  the  right  to  cast 
a ballot  at  such  election,  with  the  words  thereon,  “For  village 
organization  under  the  general  law,”  or  “Against  village  or- 
ganization under  the  general  law.” 


Organization  of  Villages.  117 

224-  Returns — Canvass — Record.]  § 3.  The  judges 
of  such  election  shall  make  returns  thereof  to  the  president 
and  trustees  of  the  town,  as  soon  as  practicable  after  such 
election  is  held;  and  it  shall  be  the  duty  of  the  president  and 
trustees  to  canvass  such  returns,  and  cause  a statement  of  the 
result  of  such  election  to  be  entered  upon  the  records  of  the 
town. 

225.  Result — Old  Officers  Continue  Until,  Etc.]  § 4. 

If  a majority  of  the  votes  cast  at  such  election  are  for  village 
organization  under  the  general  law,  such  town  shall,  from 
thenceforth,  be  deemed  to  be  duly  incorporated  as  a village 
under  this  act;  but  the  town  officers  then  in  office  shall 
continue  as  like  officers  of  such  village  until  their  successors 
shall  be  elected  or  appointed  under  the  provisions  of  this  act. 

226.  New  Organization — How  Effected — Form  of 

Petition.]  § 5.  Whenever  any  area  of  contiguous 

territory,  not  exceeding  two  square  miles,  shall  have 

resident  thereon  a population  of  at  least  three  hundred 
inhabitants,  and  which  territory  is  not  included  within 
the  limits  of  any  incorporated  town,  village  or  city,  the 

same  may  become  incorporated  as  a village,  under  this 
act,  in  the  manner  following : Any  thirty  legal  voters  resi- 
dent within  the  limits  of  such  proposed  village  may  petition 
the  county  judge  of  the  county  in  which  they  reside,  to  cause 
the  question  to  be  submitted  to  th£  legal  voters  of  such  pro- 
posed village,  whether  they  will  organize  as  a village  under 
this  act,  and  if  the  territory  described  in  said  petition 

shall  be  situated  in  more  than  one  county,  then  the  petition 
shall  be  addressed  to  the  judge  of  the  county  court  of  the 
county  where  a greater  part  of  such  territory  is  situated. 
Such  petition  shall  be  addressed  to  the  county  judge, 
contain  a definite  description  of  the  lands  intended  to  be  em- 
braced in  such  village,  the  number  of  inhabitants  resident 
therein,  and  the  name  of  such  proposed  village. 


n8 


Statutes. 


227-  Petition— Election — Returns.]  § 6.  Upon  the 
filing  such  petition  in  the  office  of  the  county  clerk,  it  shall  be 
the  duty  of  such  judge  to  perform  the  same  duties  in  reference 
to  fixing  the  time  and  place  of  such  election,  giving  notice  ap- 
pointing judges  thereof,  as  is  above  required  to  be  performed 
by  the  president  and  trustees  in  towns  already  incorporated. 
The  returns  of  such  election  shall  be  made  to  the  county 
judge,  who  shall  call  to  his  assistance  any  two  justices  of  the 
peace,  and  canvass  such  returns,  and  cause  a statement  of  the 
result  of  such  election  to  be  entered  upon  the  records  of  the 
county  court.  The  second  section  of  this  article  shall  be  ap- 
plicable to  such  election. 

228.  Result — Election  of  Officers,  Etc.]  § 7.  If  a 

majority  of  the  votes  cast  at  such  election  is  for  village  or- 
ganization under  the  general  law,  such  proposed  village,  with 
the  boundaries  and  name  mentioned  in  the  petition,  shall,  from 
thenceforth,  be  deemed  an  organized  village  under  this  act, 
and  the  county  judge  shall,  thereupon,  call,  and  fix  the  time 
and  place  of  an  election  to  elect  village  officers,  and  cause  no- 
tice thereof  to  be  posted  or  published,  and  perform  all  other 
acts  in  reference  to  such  election,  in  like  manner,  as  nearly  as 
may  be,  as  is  required  to  perform  in  reference  to  the  election 
of  officers  in  newly  organized  cities.  But  the  term  of  office  of 
trustees  elected  at  such  election  shall  terminate  as  soon  as  their 
successors  are  elected  and  qualified,  at  the  regular  annual 
election. 

229.  Trustees — Corporate  Name — Powers.]  §8.  In 

each  village  organized  under  this  act,  there  shall  be  elected  by 
the  qualified  electors  therein  six  trustees,  who  shall  hold  their 
office  until  their  successors  are  elected  and  qualified.  At  the 
first  election  held  thereafter  there  shall  be  elected  the  full  num- 
ber of  trustees.  At  the  first  meeting  of  the  board  of  trustees 
held  after  said  first  election,  the  trustees  elected  shall  be  di- 
vided bv  lot  into  two  classes;  those  of  the  first  class  shall  con- 


Organization  of  Villages. 


119 

tinue  in  office  for  one  year,  and  those  of  the  second  for  two 
years  from  the  date  of  the  annual  election  for  that  municipal 
year,  and  annually  thereafter  there  shall  be  elected  three  trus- 
tees, who  shall  hold  their  offiee  for  the  term  of  two  years,  and 
until  their  successors  are  elected  and  qualified.  The  trustees 
shall  choose  one  of  their  own  number  president;  and  such  vil- 
lage shall  from  the  time  of  the  first  election  held  by  it  under 
said  act  be  considered  in  law  and  equity,  a body  corporate 

and  politic,  by  the  name  and  style  of  “The  village  of ,” 

and  by  such  name  and  style  may  sue  and  be  sued,  contract 
and  be  contracted  with,  acquire  and  hold  real  and  personal 
property  necessary  for  corporate  purposes,  adopt  a common 
seal  and  alter  the  same  at  pleasure,  and  possess  all  other 
powers  as  a corporation  in  this  act  conferred  upon  cities  not 
exceeding  five  thousand  inhabitants,  except  as  herein  other- 
wise expressly  provided.  And  wherever  the  words  “city 
council”  or  “mayor”  occur  in  this  act,  the  same  shall  be  held 
to  apply  to  the  trustees  and  president  of  such  village,  so  far  as 
the  same  may  be  applicable.  [As  amended  by  act  approved 
May  28,  1879. 

230.  Powers  and  Duties  of  President  and  Trustees.  | 

§ 9.  The  president  of  the  board  of  trustees  shall  perform  the 
duties  and  exercise  the  powers  conferred  upon  the  mayor  of 
a city  not  exceeding  five  thousand  inhabitants,  and  shall  have 
the  right  to  vote  as  a trustee  at  any  meeting  of  the  trustees; 
but  when  he  shall  have  so  voted  shall  not  have  the  right  to 
give  the  casting  vote;  and  the  trustee  shall  perform  the  duties 
and  exercise  all  the  powers  conferred  upon  aldermen  in  cities; 
and  the  president  and  board  of  trustees  may  exercise  the  same 
powers  conferred  upon  the  mayor  and  city  conncil  of  cities  of 
not  exceeding  five  thousand  inhabitants,  and  pass  ordinances 
in  like  manner.  The  president  of  the  board  of  trustees  may 
exercise  the  same  veto  powers,  and  with  like  effect,  as  the 
mayor  of  a city;  and  the  board  of  trustees  may  pass  ordinances 
over  such  veto  in  like  manner  as  a city  council. 


120 


Statutes. 


231.  Style  of  Ordinances.]  § io.  The  style  of  ordi- 
nances passed  in  villages  shall  be  as  follows:  “Be  it  ordained 
by  the  President  and  Board  of  Trustees  of  the  village  of 
,”  (as  the  case  may  be). 

232.  Appointment  of  Officers — Prescribe  Duties  and 
Fees.]  §ii.  The  president  and  board  of  trustees  may  ap- 
point a clerk  i>ro  temfore , and  whenever  necessary  to  fill  va- 
cancies; and  may  also  appoint  a treasurer,  one  or  more  street 
commissioners,  a village  constable,  and  such  other  officers  as 
may  be  necessary  to  carry  into  effect  the  powers  conferred 
upon  villages,  to  prescribe  their  duties  and  fees,  and  require 
such  officers  to  execute  bonds  as  may  be  required  by  ordi- 
nance. 

233.  Powers  of  Constable.]  § 12.  The  village  con- 
stable shall  have  the  same  powers  to  make  arrests,,  execute 
process,  and  perform  other  official  acts  as  other  constables  un- 
der the  general  laws  of  the  State,  together  with  such  other 
powers  as  may  be  conferred  on  him  by  ordinance. 

234-  Annual  Elections.]  § 13.  An  annual  election  for 
three  trustees,  and  a clerk  of  villages  shall  beheld  on  the  third 
Tuesday  of  April  in  each  year:  Provided , that  in  villages, 
the  territorial  limits  of  which  coincide  with  the  territorial  lim- 
its of  any  township,  an  election  for  trustees,  and  a clerk  of 
villages,  shall  be  held  at  the  same  time,  and  at  the  same  poll- 
ing places  as  the  annual  township  election,  to-wit:  On  the  first 
Tuesday  of  April  in  each  year.  Special  elections  may  be 
held,  under  such  regulations  as  may  be  provided  by  ordinance, 
to  fill  vacancies,  and  for  other  purposes.  [As  amended  by 
act  approved  and  in  force  March  11,  1881. 

235.  Suits — Jurisdiction — Fines,  Etc.]  § 14.  Suits 
and  prosecutions  for  the  violations  of  any  village  ordinance  may 

be  prosecuted  in  the  name  of  “ The  Village  of ,”  and 

justices  of  the  peace  and  police  magistrates  shall  have  juris- 


Organization  of  Villages. 


I 2 I 


diction  over  such  suits;  and  all  fines  and  money  so  collected 
shall  be  paid  into  the  village  treasury. 

236.  Police  Magistrates.]  §15.  There  may  be  a po- 
lice magistrate  elected  at  a regular  annual  election  in  each  vil- 
lage, who  shall  give  bonds,  qualify,  and  have  the  same  juris- 
diction as  other  justices  of  the  peace,  and  hold  his  office  for 
four  years,  and  until  his  successor  is  elected  and  qualified. 

237.  No  Incorporation  Allowed  Under  Former  Laws.] 

§ 16.  After  the  taking  effect  of  this  act,  no  town  or  city 
shall  become  incorporated  under  any  other  general  law  then 
in  force*for  the  incorporation  of  towns  or  cities. 

238.  Changing  from  City  to  Village.]  § 17.  That  it 
shall  be  the  duty  of  the  mayor  and  common  council  of  any 
city,  upon  the  petition  of  one-fourth  of  the  legal  voters  thereof, 
and  upon  ten  days’  previous  notice  of  such  application  by  the 
city  clerk  published  in  some  newspaper  printed  in  said  city, 
or  by  posting  such  notices  in  five  of  the  most  public  places 
within  said  city,  for  said  period,  in  case  no  such  newspaper  is 
printed  in  said  city,  to  fix  the  time  and  call  an  election  to  de- 
cide whether  said  city  shall  be  organized  into  a village.  That 
said  election  shall  be  governed  by  the  provisions  of  sections  fifty 
(50)  fifty-six  (56)  and  fifty-seven  (57)  of  said  act,  and  the  legal 
voters  at  said  election  shall  vote  for  or  against  the  organiza- 
tion of  said  city  into  a village,  and  the  tickets  shall  be  written 
or  printed,  “For  Village  Organization ,”  or  “ Against  Village 
Organization ,”  and  if  there  shall  be  a majority  of  the  votes 
cast  at  such  election  in  favor  of  the  organization  of  said  city 
into  a village,  then  said  city  shall  be  a village  within  the  mean- 
ing of  said  act  under  its  former  name  so  changed,  and  shall 
succeed  to  all  the  rights  and  be  liable  for  all  the  debts  and  le- 
gal liabilities  of  said  city,  and  the  mayor  of  said  city  shall, 
within  ten  days  after  said  election,  give  notice  of  the  time  and 
place  for  the  election  of  trustees  as  near  as  may  be,  as  pro- 
vided for  under  section  one  hundred  and  eighty- four  (184) 


122 


Statutes. 


and  one  hundred  and  eighty-five  (185)  of  said  act,  who  shall 
hold  their  offices  until  the  next  regular  election:  Provided , 
that  after  one  election  shall  have  taken  place,  no  other  election 
for  a like  purpose  until  one  year  shall  have  elapsed.  [This  sec- 
tion added  to  the  above  act  by  amendment  approved  May  29, 
1879.  force  July  1,  1879. 

An  act  concerning  villages  and  incorporated  towns.  [Approved  June 
9, 1887.  In  force  July  1,  1887. 

239.  Election  of  President — Powers  of.]  § 1.  That 
in  addition  to  the  trustees  and  officers  required  by  law,  a 
president  of  each  and  every  village  and  incorporated  town 
shall  hereafter  be  elected  annually  by  the  voters  of  such  vil- 
lage or  town,  at  the  regular  election  of  such  village  or  town, 
commencing  with  the  election  of  such  village  or  town  held  in 
the  year  A.  D.  1888,  and  such  president  of  any  village  or  in- 
corporated town  shall  hold  his  office  for  the  term  of  one  year 
and  until  his  successor  is  elected  and  qualified.  The  presi- 
dent of  any  village  or  incorporated  town  shall  be  president  of 
the  board  of  trustees  thereof,  and  shall  preside  at  all  meetings 
of  said  board,  and  shall  have  the  same  powers  and  perform 
the  same  duties  as  are  or  may  be  given  by  law  to  the  presi- 
dent of  boards  of  trustees  in  villages,  but  he  shall  not  vote  ex- 
cept in  case  of  a tie,  when  he  shall  give  the  casting  vote. 

240.  Repeal.]  § 2.  All  acts  and  parts  of  acts  in  con- 
flict with  the  provisions  of  this  act  are  hereby  repealed. 


Actions  to  Recover  Penalties. 


123 


ADDITIONAL  STATUTES. 


1.  Actions  to  Recover  Penalties. 

2.  Agriculture— Marketing  Products. 

3.  Aliens. 

4.  Animals. 

5.  Annexing  and  Excluding  Territory. 

6.  Bonds— Municipal. 

7.  Bridges  and  Ferries. 

8.  Cemeteries. 

9.  Changing  Name. 

10.  City  Courts. 

it.  Drainage  and  Sewerage. 

12.  Elections. 

13.  Eminent  Domain. 

14.  Evidence. 

15.  Fire  Escapes. 

16.  Horse  and  Dummy  Railroads. 

17.  House  of  Correction. 

18.  Insurance. 


19.  Landings  and  Levees. 

20.  Libraries,  Public. 

21.  Liquor  Law. 

22.  Officers. 

23.  Oil  Inspection. 

24.  Parks. 

25.  Plats. 

26.  Policeman’s  and  Fireman's  Funds. 

27.  Public  Buildings. 

28.  Railroads. 

29.  Riot. 

30.  Roads  and  Bridges. 

31.  Sale  of  Property. 

32.  Schools. 

33.  Streets. 

34.  Telegraph  and  Telephone  Companies. 

35.  Township  Organization. 

36.  Water  Works. 


i.  ACTIONS  TO  RECOVER  PENALTIES 


Section.  Section. 

241.  Suits— How  Brought.  243.  Repeal. 

242.  Arrest—  Imprisonment—  Workhouse. 


AN  ACT  entitled  “An  act  in  regard  to  suits  by  incorporated  cities  and 
villages,  and  to  enforce  penalties  and  recover  fines  for  violating 
ordiances  thereof.’ 1 [Approved  May  31, 1879.  In  force  July  1,  1879. 

241-  Suits — How  Brought,  Etc.]  § i.  That  all  actions 
to  recover  any  fine,  or  to  enforce  any  penalty,  under  any  ordi- 
nance of  any  city  or  village  in  this  State,  shall  be  brought  in 
the  corporate  name  of  the  city  or  village,  as  plaintiff,  and  no 
prosecution,  recovery  or  acquittal  for  the  violation  of  any  such 
ordinance  shall  constitute  a defense  to  any  other  prosecution 
of  the  same  party,  for  any  other  violation  of  any  such  ordi- 
dance,  although  the  different  causes  of  action  existed  at  the 
same  time,  and,  if  united,  would  not  have  exceeded  the  juris- 
diction of  the  court  or  magistrate. 


I24 


Statutes. 


AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the 
ordinances  of  the  several  cities  and  villages  in  this  State 

242-  Arrest  — Imprisonment  — Work-House]  § i. 

That  in  all  actions  for  the  violation  of  any  ordinance  of  any 
city  or  village  organized  under  any  general  or  special  laws  of 
this  State,  the  first  process  shall  be  a summons:  Provided, 
however,  that  a warrant  for  the  arrest  of  the  offender  may  is- 
sue in  the  first  instance,  upon  the  affidavit  of  any  person 
that  any  such  ordinance  has  been  violated,  and  that  the  person 
making  the  complaint  has  reasonable  grounds  to  believe  the 
party  charged  is  guilty  thereof;  and  any  person  arrested  upon 
such  warrant,  shall,  without  unnecessary  delay,  be  taken  be- 
fore the  proper  officer,  to  be  tried  for  the  alleged  offense. 
Any  person  upon  whom  any  fine  or  penalty  shall  be  imposed 
may,  upon  the  order  of  the  court  or  magistrate  before  whom 
the  conviction  is  had,  be  committed  to  the  county  jail  or  the 
calaboose,  city  prison,  work-house,  house  of  correction,  or 
other  place  provided  by  such  cities  or  villages  by  ordinance 
for  the  incarceration  of  such  offenders  until  such  fine,  penalty, 
and  cost  shall  be  fully  paid:  Provided,  that  no  such  imprison- 
ment shall  exceed  six  months  for  any  one  offense.  The  city 
council  or  board  of  trustees  of  any  such  cities  or  villages  shall 
have  power  to  provide  by  ordinance  that  every  person  so 
committed  shall  be  required  to  work  at  such  labor  as  his  or 
her  strength  will  permit,  within  and  without  such  prison, 
work-house,  house  of  correction,  or  other  place  provided  for 
the  incarceration  of  such  offenders,  not  to  exceed  ten  hours 
each  working  day;  and  for  such  work  the  person  so  employed, 
or  worked,  shall  be  allowed,  exclusive  of  his  or  her  board,  the 
sum  of  fifty  cents  for  each  day’s  work  on  account  of  such 
fine  and  costs. 

243-  Repeal.]  § 2.  All  acts  or  parts  of  acts  inconsistent 
with  the  foregoing  section  are  hereby  repealed. 


Aliens. 


125 


2.  AGRICULTURE— MARKETING  PRODUCE 

Section. 

244.  Farmers,  Etc.,  May  Sell  Produce 
Without  License, 


AN  ACT  for  the  protection  of  farmers,  fruit  growers  vine  growers 
aud  gardeners.  [Approved  January  13,1872.  In  force  July  1, 
1872. 

244.  Farmer,  Etc.,  May  Sell  Produce  Without  Li- 
cense.] § 1.  That  every  farmer,  fruit  and  vine  grower, 
and  gardener,  shall  have  an  undisputed  right  to  sell  the  pro- 
duce of  his  farm,  orchard,  vineyard,  and  garden  in  any  place 
or  market  where  such  articles  are  usually  sold,  and  in  any 
quantity  he  may  think  proper,  without  paying  any  State, 
county  or  city  tax,  or  license  for  doing  so,  any  law,  city  or 
town  ordinance  to  the  contrary  notwithstanding:  Provided , 
that  the  corporate  authorities  of  any  such  city,  town  or  village 
may  prohibit  the  obstruction  of  its  streets,  alleys  and  public 
places  for  any  such  purpose:  And , 'provided  further , that 
nothing  in  this  act  shall  be  so  construed  as  to  authorize  the 
sale  of  spirituous,  vinous  or  malt  liquors,  contrary  to  laws 
which  now  are  or  hereafter  may  be  in  force  prohibiting  the 
sale  thereof. 


3.  ALIENS. 


Section. 

245.  None  But  Citizens  or  Those  Having 

Declared  Their  Intention  to  be  Paid 
From  Public  Funds  for  Labor. 

246.  Persons  Employing  Labor  to  be  Paid 

out  of  Public  Funds  to  Make  List, 
Etc. 


Section. 

247.  Penalty  for  Violating  This  Act. 

248.  Making  False  Certificate — Penalty. 

249.  Employer  to  Investigate  and  Dis- 

charge Aliens. 

250.  Failure  to  Take  Final  Papers. 


AN  ACT  to  protect  the  labor  of  native  and  naturalized  American  citi- 
zens, and  of  those  who  have  in  good  faith  declared  their  inten- 
tions to  become  naturalized  American  citizens.  [Approved  June 
1,  1889.  In  force  July  1,  1889. 

245.  None  but  Citizens,  or  Those  Having  Declared 
Their  Intention,  to  be  Paid  From  Public  Funds.]  § 1. 

That  it  shall  be  unlawful  for  any  board  or  commission,  or  any 


126 


Statutes. 


officer  or  other  person  acting  for  the  State,  or  for  any  county, 
township,  city,  village,  district,  or  other  municipality  in  the 
State,  or  any  contractor,  or  sub-contractor,  under  any  or  either 
of  said  municipalities,  to  employ  any  person  or  persons,  other 
than  native  born  or  naturalized  citizens,  or  those  who  have  in 
good  faith  declared  their  intentions  to  become  citizens  of  the 
United  States,  when  such  employes  are  to  be  paid  in  whole  or 
in  part,  directly  or  indirectly,  out  of  any  funds  raised  by  tax- 
ation. 

246-  Persons  Employing  Labor  to  be  Paid  out  of  Pub- 
lic Funds  to  Make  List,  Etc.]  § 2.  It  shall  be  the  duty  of 
any  person  or  persons  employing  labor  or  other  services,  to 
be  paid  for,  in  whole  or  in  part,  directly  or  indirectly,  out  of 
any  funds  raised  by  taxation,  to  file  with  the  treasurer  or  dis- 
bursing officer  of  such  funds  a certificate  showing  to  the  best 
of  his  knowledge  and  belief  that  the  person  so  employed,  and 
on  whose  account  payment  is  to  be  made  out  of  such  public 
funds,  are  citizens  of  the  United  States,  or  have  in  good  faith 
declared  their  intentions  to  become  such  citizens,  or  are  of 
such  age  or  sex  that  they  can  not  delare  their  intention  to  be- 
come citizens,  or  can  not  be  formally  declared  to  be  citizens 
by  an  order  of  a court  of  record. 

247.  Penalty  for  Violating  This  Act.]  § 3.  Any 

treasurer  or  disbursing  officer,  who  shall  knowingly  or  will- 
fully pay  out  any  of  the  funds  in  his  hands,  raised  by  taxation, 
to  any  person  not  a native  born  or  naturalized  citizen,  or 
who  has  not  in  good  faith  declared  his  intentions  to  become 
a citizen,  for  labor  or  any  other  services,  shall  be  liable  to  the 
municipality  to  which  such  funds  belonged  for  the  amount  so 
paid,  to  be  recovered  in  any  court  of  competent  jurisdiction: 
Provided,  that  when  such  payment  is  made  on  the  requisite 
certificate  of  the  employer,  no  liability  shall  attach  to  such 
treasurer  or  disbursing  officer. 

248.  Making  False  Certificate — Penalty.]  § 4.  Any 


Aliens. 


127 


employer,  contractor  or  sub-contractor,  or  other  person,  whose 
employes  are  to  be  paid  in  whole  or  in  part,  directly  or  indi- 
rectly from  funds  raised  by  taxation,  who  shall  knowingly  or 
negligently  make  false  certificate  that  said  employes  are  native 
or  naturalized  citizens,  or  have  declared  their  intentions  to  be- 
come citizens  for  the  purpose  of  drawing  such  funds  or  any 
part  thereof,  shall  be  personally  liable  to  the  municipality  to 
which  such  funds  belonged  for  the  amount  so  drawn,  and  any 
alien  who  earns  wages,  the  pay  for  which  is  to  come  out  of 
any  such  public  funds  by  falsely  representing  that  he  is  a na- 
tive or  naturalized  citizen,  or  has  declared  his  intention  to  be- 
come a citizen,  shall  forfeit  the  amount  so  earned.  Such  con- 
tract is  declared  null  and  void. 

249.  Employer  to  Investigate  and  Discharge  Aliens. J 

§ 5.  Whenever  any  employer,  contractor  or  sub-contractor, 
by  written  or  oral  information,  or  from  any  source  has  reason 
to  believe  that  he  has  in  his  employ  persons  other  than  native 
or  naturalitized  citizens,  or  those  who  have  in  good  faith  de- 
clared their  intentions  to  become  citizens,  whose  pay  is  to  be 
drawn  in  whole  or  in  part,  directly  or  indirectly,  from  such 
public  funds,  he  shall  at  once  investigate  the  matter,  and  if  he 
shall  find  said  information  to  have  been  correct,  he  shall  dis- 
charge such  employe  or  employes,  and  a failure  to  do  so  shall 
render  him  liable  to  the  municipality  to  which  such  funds  be- 
longed for  any  of  such  funds  paid  to  such  alien  for  labor  or 
services  performed  after  such  discovery. 

250.  Failure  to  Take  Final  Papers.  J §6.  In  all  cases 
where  an  alien,  after  filing  his  declaration  of  intention  to  be- 
come a citizen  of  the  United  States,  shall,  for  the  space  of  three 
months  after  he  could  lawfully  do  so,  fail  to  take  out  his  final 
papers  and  complete  his  citizenship,  such  failure  shall  be  fri- 
ma  facie  evidence  that  his  declaration  of  intentions  was  not 
made  in  good  faith. 


128 


Statutes. 


4.  ANIMALS. 


Section.  Section. 

25;.  What  Not  to  Run  at  Large.  253.  Taking  Up— Penalty— Civil  Damages. 

252.  Running  at  Large— Penalty. 


AN  ACT  to  prevent  animals  from  running  at  large  within  the  corpo- 
rate limits  of  incorporated  cities,  villages  and  towns. 

251.  What  Not  to  Run  at  Large.]  § i.  That  do- 
mestic animals  of  the  species  of  the  horse,  mule,  ass,  cattle, 
sheep,  goat  or  swine,  shall  not  be  allowed  to  run  at  large  with- 
in the  corporate  limits  of  any  corporated  city,  village  or  town 
in  this  State,  any  law  or  ordinance  to  the  contrary  notwith- 
standing. 

252.  Running  at  Large — Penalty.]  § 2.  Any  owner 
of  any  such  domestic  animal,  who  shall  suffer  or  allow  the 
same  to  run  at  large  in  any  incorporated  city,  village  or  town 
within  this  State  shall  be  fined  in  any  sum  of  not  less  than 
one  dollar  nor  more  than  ten  dollars  for  each  and  every  animal 
so  suffered  or  allowed  to  run  at  large,  which  fine  may  be  re- 
covered before  any  justice  of  the  peace  of  the  county. 

253.  Taking  Up — Penalty — Civil  Damages.]  § 3. 

Whenever  any  such  domestic  animal  shall  be  found  running  at 
large  contrary  to  the  provisions  of  this  act,  the  same  may  be 
restrained  by  any  resident  of  the  incorporated  city,  village  or 
town  in  which  the  same  is  found  running  at  large  until  the 
fine  and  costs  are  paid,  and  also  all  damage  done  by  any  such 
domestic  animal  so  running  at  large  to  the  property  of  the 
person  restraining.  [Approved  June  16,  1891. 


Annexing  and  Excluding  Territory.  129 

5.  ANNEXING  AND  EXCLUDING  TERRITORY. 


Section. 

254.  Annexing  Adjoining  Cities— Proceed- 

ing—Election— Result. 

255.  Annexation  of  Parts  — Proceeding  — 

Election— Result. 

256.  Annexation  of  Part  or  Whole  Sub- 

mitted Together. 

257.  Payment  ol  Debts— Division  of  Prop- 

erty. 

258.  Annual  Appropriation— Tax  Levy. 

259.  Annexation  Not  to  Interfere  with 

Levy. 

260.  Suits,  How  Defended  and  Prosecuted. 

261.  Parts  Annexed— Debts  Apportioned— 

Public  Property. 

262.  Parts  Annexed— Tax  Apportioned. 

263.  Improvement  of  Streets. 

264.  Opening  Street  or  Alley. 

265.  Use  of  Water  Works,  Gas  or  Electric 

Light  System. 

266.  Annexation— Proceedings  for  Division 

of  Property. 

267.  Transfer  of  Records,  etc. 

268.  Officer  in  Detached  Portion  Hold 

Over. 

269.  Police  Magistrate  Hold  Until  Term 

Ended. 

270.  Policemen  and  Firemen  Continue  as 

Such  in  Portion  Annexed. 

271.  Licensing  Dram  Shops— Liquor  Law. 


Section. 

272.  What  Constitutes  a Ward— Election  of 

Aldermen. 

273.  Sewers  May  be  Built  by  Special  As- 

sessment. 

274.  Jurisdiction  of  County  Board  to  An- 

nex Part  of  City  to  Town. 

275.  Repeal. 

276.  Emergency. 

277.  Petition  to  be  Annexed— Annexing. 

278.  Annexing  One  Corporation  to  An- 

other. 

279.  Proceedings  by  Corporation  to  Annex 

Territory—  Petition  to  Circuit  Court. 

280.  Notice  of  Proceedings. 

28c.  Objections  to  Annexation — Trial. 

282.  Finding — Costs,  etc. 

283.  Proceedings  by  Owner  to  be  Annexed. 

284.  Proceedings  to  Disconnect. 

285.  Map  and  Ordinance  Recorded. 

286.  School  Districts. 

287.  Judicial  Notice. 

288.  Disconnecting  Territory. 

289.  Ordinance  Recorded. 

290.  Judicial  Notice. 

291.  Repeal. 

292.  Emergency. 


AN  ACT  to  provide  for  the  annexation  of  cities,  incorporated  towns 
and  villages,  or  parts  of  same  to  cities,  incorporated  towns  and 
villages.  [Approved  and  in  force  April  25,  1889. 

254.  Annexation  of  Adjoining  Cities,  Etc. — Proceed- 
ings— Election — Result.]  § 1.  That  where  any  incorpo- 
rated city,  town  or  village  adjoins  another  incorporated  city, 
town  or  village  it  may  be  annexed  thereto  in  the  manner  fol- 
lowing, that  is  to  say: 

A petition  shall  be  presented  to  the  judge  of  the  county 
court  of  the  county  wherein  such  incorporated  city,  town  or 
village  to  which  such  annexation  is  sought  is  situated,  asking 
that  the  question  of  annexation  be  submitted  to  the  legal  voters 
of  the  city,  village  or  incorporated  town  sought  to  be  annexed, 
and  the  legal  voters  of  the  city,  village  or  incorporated  town 
to  which  it  is  sought  to  annex  the  same.  Such  petition  shall 


130 


Statutes. 


be  signed  by  not  less  than  two  hundred  and  fifty  (250)  of  the 
legal  voters  of  the  city,  village  or  incorporated  town  sought  to 
be  annexed,  unless  the  votes  cast  in  said  city,  village  or  incor- 
porated town  at  the  last  preceding  general  election  numbered 
less  than  five  hundred  (500),  in  which  case  the  petition  shall 
be  signed  by  one-third  ( ) of  the  legal  voters  of  such  city, 
village  or  incorporated  town,  and  thereupon  said  county  judge 
shall  cause  to  be  submitted  the  question  of  annexation  to  the 
voters  of  the  incorporated  city^,  town  or  village  sought  to  be 
annexed,  and  to  the  voters  of  the  incorporated  city,  town  or 
village  to  which  it  is  sought  to  annex  the  same,  at  an  election 
to  be  holden  in  each  of  said  incorporated  cities,  towns  or  vil- 
lages. Such  question  may  be  submitted  at  either  a special 
election  called  for  that  purpose,  or  at  any  municipal  election, 
or  at  any  general  election.  Notice  of  the  election  hereby  re- 
quired shall  be  given  by  causing  notices  thereof  to  be  pub- 
lished in  said  county,  in  at  least  one  newspaper  published  in 
said  county,  within  which  said  city,  village  or  incorpor- 
porated  town  may  be,  to  which  territory  is  sought  to  be  an- 
nexed, at  least  fifteen  (15)  days  before  such  election,  by  the 
clerk  of  the  county  court.  The  ballots  cast  at  such  election 
to  be  written  or  printed,  or  partly  written  or  printed,  “For 
annexation,”  or  “of”  (here  name  the  city,  village  or  incor- 
porated town  to  be  annexed)  <(to”  (here  name  city,  village  or 
incorporated  town  to  which  annexation  is  sought)  or  “Against 
annexation”  “of”  (here  name  city,  village  or  incorporated 
town  to  be  annexed)  “to”  (here  name  city,  village  or  incorpo- 
rated town  to  which  annexation  is  sought)  respectively,  to  be 
received,  canvassed  and  returned  the  same  as  ballots  for  mu- 
nicipal officers  of  such  incorporated  cities,  towns  or  villages, 
and  the  officers  who  are  charged  by  law  with  the 
duty  of  canvassing  such  votes,  shall  file,  or  cause  to  be 
filed,  with  the  clerk  of  the  county  court  of  such  county 
a certificate  of  the  result  of  such  canvass  immediately 
upon  ascertaining  the  result  thereof,  and  if  it  shall  ap- 


Annexing  and  Excluding  Territory.  13 1 

pear  that  a majority  of  the  voters  of  each  incorporated 
city,  town  or  village  so  voting  upon  the  question  of  annexa- 
tion, at  such  election  vote  for  annexation,  thereupon  the  juris- 
diction of  incorporated  city,  village  or  town,  to  which  such 
other  incorporated  city,  village  or  town  is  annexed,  shall  ex- 
tend over  said  territory;  but  if  it  shall  appear  that  a majority 
of  the  voters  of  any  incorporated  city,  town  or  village  so  vot- 
ing upon  the  question  of  annexation  when  such  question  is 
first  submitted,  vote  against  annexation,  any  petition  there- 
after presented  to  the  judge  of  the  county  court,  shall  be 
signed  by  not  less  than  one-eighth  of  the  legal  voters  of  the 
incorporated  city,  town  or  village  which  is  sought  to  be  an- 
nexed to  an  adjoining  city,  village  or  incorporated  town,  so 
voting  against  the  annexation. 

255.  Annexation  of  Parts — Proceeding — Election — 
Result.]  § 2.  When  the  inhabitants  of  any  territory  not 
less  than  one-half  square  mile  in  extent,  and  less  than  the  whole 
of  an  incorporated  city,  village  or  town,  and  which  territory 
shall  be  contiguous  to  and  adjoining  the  territory  of  another 
incorporated  city,  village  or  town,  desire  to  be  annexed  to 
such  other  incorporated  city,  village  or  town,  such  annexation 
may  be  effected  as  follows:  A petition  shall  be  presented  to 
the  judge  of  the  county  court  wherein  such  incorporated  city, 
town  or  village  is  situated  to  which  annexation  is  desired, 
signed  by  not  less  than  one  hundred  of  the  legal  voters  of  the 
territory  sought  to  be  annexed,  asking  that  the  question  of 
annexation  of  the  territory  described  in  the  petition  may  be 
submitted  to  the  legal  .voters  of  the  city,  village  or  incorpor- 
ated town,  from  which  said  territory  is  to  be  taken,  and  to  the 
legal  voters  of  the  city,  village  or  incorporated  town,  to  which 
it  is  sought  to  annex  the  same.  Such  territory  shall  be  de- 
scribed in  said  petition,  and  thereupon  said  county  judge  shall 
cause  to  be  submitted  the  question  of  the  annexation  of  such 
territory  to  the  voters  of  the  incorporated  city,  town  or  village 
from  which  it  is  sought  to  disconnect  territory,  and  to  the 


T32 


Statutes. 


voters  of  the  incorporated  city,  town  or  village  to  which  it  is 
sought  to  annex  the  same,  at  an  election  to  be  holden  in  each 
of  said  incorporated  cities,  towns  or  villages.  Such  question 
may  be  submitted  at  either  a special  election  called  for  that 
purpose,  or  at  any  municipal  election,  or  at  any  general  elec- 
tion. Notice  of  the  election  hereby  required  shall  be  given 
by  causing  notices  thereof  to  be  published  in  at  least  one 
newspaper  published  in  said  county  within  which  said  city, 
village  or  incorporated  town  may  be,  to  which  territory  is 
sought  to  be  annexed,  at  least  fifteen  days  before  such  elec- 
tion, by  the  clerk  of  the  county  court.  The  ballots  cast  at 
such  election  to  be  written  or  printed,  or  partly  written  and 
partly  printed  “ For  annexation  or”  (here  describe  territory  of 
city,  village  or  incorporated  town  to  be  annexed)  “to”  (here  name 
city,  village  or  incorporated  town  to  which  annexation  is  sought) 
or  “ Against  annexation  of”  (here  describe  territory  of  city, 
village  or  incorporated  town  to  be  annexed)  “ to”  (here  name 
city,  village  or  incorporated  town  to  which  annexation  is 
sought),  respectively  to  be  received,  canvassed  and  returned 
the  same  as  ballots  for  municipal  officers  of  such  incorporated 
cities,  towns  or  villages;  and  the  officers  who  are  charged  by 
law  with  the  duty  of  canvassing  such  votes  shall  file,  or  cause 
to  be  filed,  with  the  clerk  of  the  county  court  of  such  county, 
a certificate  of  the  result  of  such  canvass  immediately  upon 
ascertaining  the  result  thereof;  and  if  it  shall  appear  that  a 
majoritv  of  the  voters  of  each  city,  village  or  incorporated 
town  so  voting  upon  the  question  of  annexation  at  such  elec- 
tion vote  for  annexation,  thereupon  the  jurisdiction  of  the  in- 
corporated city,  town  or  village  shall  extend  over  said  territory 
so  annexed;  but  if  it  shall  appear  that  a majority  of  the  voters 
of  any  territory  less  than  the  whole  of  an  incorporated  city, 
village  or  town,  so  voting  upon  the  question  of  annexation, 
when  said  question  is  first  submitted,  vote  against  annexation, 
any  petition  thereafter  presented  to  the  judge  of  the  county 
court  for  the  annexation  of  the  same  territory  shall  be  signed 


Annexing  and  Excluding  Territory.  133 

by  not  less  than  one-eighth  of  the  legal  voters  of  the  territory 
so  voting  against  annexation. 

256.  Annexation  of  Part  or  Whole  Submitted  To- 
gether.] § 3.  If  petitions  are  presented  to  the  county  judge 
as  prescribed  in  this  act  for  the  annexation  of  the  whole,  and 
also  for  the  annexation  of  a part  or  parts  of  a city,  village  or 
incorporated  town  to  a city,  village  or  incorporated  town,  the 
said  county  judge  shall  submit  such  questions  as  petitioned  for 
by  each  petition,  and  if  at  such  election  the  result  of  the  votes 
shall  be  against  annexation  of  the  whole,  but  shall  be  in  favor 
of  annexation  of  a part  or  parts,  and  such  parts  combined  as 
one  territory  are  contiguous  to  such  city,  village  or  incorpo- 
rated town,  or  if  any  such  part  be  contiguous  to  such  city, 
village  or  incorporated  town,  then  such  contiguous  territory 
shall  be  annexed  the  same  as  though  no  proposition  had  been 
submitted  to  annex  the  whole  thereof. 

257.  Payment  of  Debts — Division  of  Property,  Etc.] 
§ 4.  The  city,  village  or  incorporated  town  to  which  the 
whole  of  another  city,  village  or  incorporated  town  is  annexed 
under  the  provisions  of  this  act  shall  assume  and  pay  any  and 
all  debts,  liabilities,  bonds  or  obligations  and  interests  thereon 
of  the  city,  incorporated  town  or  village  so  annexed,  and  shall 
become  vested  with  title  and  ownership  of  all  property  belong- 
ing to  said  city,  village  or  incorporated  town  so  annexed,  to 
be  held  for  the  same  purposes  and  for  the  same  uses,  subject 
to  the  same  conditions  as  theretofore,  and  if  the  public  schools 
of  such  enlarged  city,  village  or  incorporated  town  are  all  in 
charge  and  under  the  control  of  one  board  of  education,  the 
said  enlarged  city,  village  or  incorporated  town  shall  assume 
and  pay  the  indebtedness  of  each  school  district  or  township 
lying  wholly  therein,  and  shall  become  vested  with  the  title 
and  ownership  of  all  property  belonging  to  any  school  dirtrict 
or  township  lying  wholly  therein,  to  be  held  for  the  same  pur- 
poses and  to  the  same  uses  and  subject  to  the  same  conditions 


Statutes. 


i34 

as  theretofore.  If  the  bonds  of  said  city,  village  or  incorpo- 
rated town  so  annexed,  or  of  any  school  district  or  township 
lying  wholly  therein,  have  been  registered  in  the  office  of  the 
State  Auditor  of  Public  Accounts,  in  accordance  with  the 
statute,  the  county  clerk  shall  certify  the  fact  of  such  annexa- 
tion forthwith  to  State  Auditor,  and  said  State  Auditor  shall 
not  thereafter  certify  any  rate  per  centum  to  the  county  clerk, 
nor  shall  the  county  clerk  thereafter  extend  any  such  rate  for 
the  payment  of  said  bonds  or  interest  thereon  upon  the  tax- 
able property  of  such  city,  town  or  village  so  annexed,  or 
school  district  or  township.  All  debts,  bonds  and  obligations 
of  the  united  municipality  to  be  paid  by  the  enlarged  city, 
village  or  incorporated  town.  And  if  there  be  a portion  of  a 
school  district  or  township  lying  within  and  a portion  lying 
without  such  annexed  territory,  the  debts  of  such  school  district 
or  township  shall  be  paid  and  the  property  divided  in  the  same 
manner  as  provided  for  paying  debts  and  dividing  property 
in  section  eight  (8)  of  this  act,  where  parts  of  cities,  villages 
or  incorporated  towns  are  annexed  to  other  cities,  villages  or 
incorporated  towns. 

258-  Annual  Appropriation — Tax  Levy.]  § 5.  When 
the  whole  of  a city,  village  or  incorporated  town  under  the 
provisions  of  this  act,  and  the  corporate  authorities  of  such 
city,  village  or  incorporated  town  so  annexed  shall  have  passed 
an  ordinance,  termed  the  aunual  appropriation  ordinance,  but 
not  an  ordinance  levying  a tax  for  the  purpose  of  collecting  a 
sufficient  sum  of  money  to  defray  the  total  amount  of  appro- 
priations for  all  corporate  purposes  for  that  fiscal  year,  then 
the  corporate  authorities  of  the  city,  village  or  incorporated 
town  to  which  such  territory  is  annexed  shall  have  the  right 
to  include  the  amount  of  such  appropriations  in  the  annual  tax: 
levy  of  such  city,  village  or  incorporated  town,  the  same  as 
though  such  appropriations  had  been  made  by  the  city,  village 
or  incorporated  town  to  which  such  other  city,  village  or  in- 
corporated town  is  annexed.  The  said  taxes  may  be  used  by 


Annexing  and  Excluding  Territory. 


135 


the  city,  village  or  incorporated  town  to  which  the  annexation 
is  had  for  the  purpose  for  which  such  appropriation  was  made 
by  the  city,  village  or  incorporated  town  so  annexed. 

259-  Annexation  Not  to  Interfere  With  the  Levy.] 

§ 6.  When  the  whole  of  an  incorporated  town,  city  or  village 
shall  be  annexed  to  another  city,  village  or  incorporated  town  it 
shall  not  arrest,  stay  or  interfere  with  any  proceedings  for  the 
collection  or  enforcement  of  any  tax,  special  assessment  or  spe- 
cial tax,  but  the  same  shall  proceed  and  be  carried  to  a finality 
as  though  no  such  annexation  had  taken  place,  and  the  pro- 
ceeds thereof  shall  be  paid  over  to  the  treasurer  of  the  city, 
village  or  incorporated  town  to  which  such  other  village,  city  or 
incorporated  town  is  annexed,  to  be  used  for  the  purpose  for 
which  the  tax  was  levied  or  the  proceedings  instituted. 

260-  Suits — How  Defended  and  Prosecuted.]  §7.  All 

suits  pending  in  any  court  on  behalf  of  or  against  any  village, 
city  or  incorporated  town,  the  whole  of  which  is  under  the 
provisions  of  this  act  annexed  to  another  city,  village  or  incor- 
porated town,  may  be  prosecuted  or  defended  in  the  name  of 
the  city,  village  or  incorporated  town  so  annexed,  and  all  judg- 
ments, fines,  decrees  or  recoveries  obtained  for  on  behalf  of 
any  village,  city  or  incorporated  town  so  annexed  to  another 
may  be  collected  and  enforced  with  like  force  and  effect  as 
though  such  annexation  had  not  taken  place  in  the  name  of  the 
city,  village  or  incorporated  town  so  annexed. 

26L  Parts  Annexed  — Debts  Apportioned  — Public 
Property.]  § 8.  When  a part  of  the  territory  of  a city,  vil- 
lage or  incorporated  town  is  taken  therefrom  and  annexed  to 
another  city,  village  or  incorporated  town,  under  the  provis- 
ions of  this  act,  then  the  proportionate  share  of  any  indebted- 
ness, contract  or  liability  of  such  city,  village  or  incorporated 
town  from  which  such  territory  is  taken  shall  be  assumed  and 
paid  by  such  enlarged  city,  village  or  incorporated  town  ac- 
cording to  the  taxable  property  in  such  disconnected  territory 


136 


Statutes. 


as  the  same  existed  immediately  before  such  annexation;  and, 
if  the  public  schools  of  such  enlarged  city,  village  or  incorpor- 
ated town  shall  be  in  charge  and  control  of  one  board  of  edu- 
cation, then  the  proportionate  share  of  any  indebtedness  of  any 
school  district  or  township  shall  be  assumed  and  paid  by  such 
enlarged  city,  village  or  incorporated  town,  according  to  tax- 
able property  in  such  part  of  such  disconnected  territory 
within  such  school  district  or  township  as  the  same  existed 
immediately  before  such  annexation;  and,  if  the  whole  of  a 
school  district  or  township  is  annexed,  then  such  municipality 
shall  assume  and  pay  all  the  indebtedness  of  such  school  dis- 
trict or  township.  The  amount  of  the  said  indebtedness  to  be 
paid  by  said  enlarged  city,  town  or  village  shall  be  deter- 
mined and  agreed  upon  by  the  city  council  of  the  city  or  trus- 
tees of  the  village  or  incorporated  town  to  which  such  terri- 
tory is  annexed,  and  the  city  council  of  the  city  or  trustees  of 
the  village  or  incorporated  town  from  which  such  territory  is 
taken,  or  the  school  authorities  of  the  school  district  or  town- 
ship of  which  such  disconnected  territory  was  a part,  as  the 
case  may  be,  in  such  manner  as  they  shall  elect;  if  they  can- 
not agree,  then  the  matter  shall  be  determined  by  the  circuit 
or  county  court  of  the  county  in  which  such  municipal  corpo- 
ration may  be  to  which  such  annexation  is  made  by  petition  of 
either  municipal  corporation  or  of  any  taxpayer  of  either  mu- 
nicipality. The  court  shall  hear  and  determine  the  matter  in 
a summary  manner,  without  pleadings,  and  shall  pronounce 
judgment  as  the  right  and  equity  of  the  matter  may  demand. 
If  the  respective  corporate  authorities  shall  agree  as  to  the 
amount  to  be  paid  by  such  enlarged  city,  town  or  village,  then 
each  shall  pass  an  ordinance  or  a resolution  reciting  the 
amount  thereof  to  be  paid,  a copy  of  which  said  ordinance  or 
resolution  shall  be  duly  certified  by  the  clerk  of  the  city,  vil- 
lage or  incorporated  town,  to  which  such  territory  is  annexed, 
and  filed  with  the  county  clerk  of  the  county  wherein  such  en- 
larged city,  town  or  village  may  lie,  and  by  him  certified  to 


Annexing  and  Excluding  Territory.  137 

the  State  Auditor  of  public  accounts,  and  which  said  ordinance 
or  resolution  shall  be  final  and  conclusive  in  all  proceedings  as 
to  the  amount  of  indebtedness  so  to  be  paid.  If  a judgment 
or  decree  shall  be  entered  by  a circuit  or  county  court  as 
herein  provided,  then  a certified  copy  thereof  shall  be  made 
by  the  clerk  of  said  court,  and  filed  with  the  clerk  of  each  of 
said  municipal  corporations  and  with  the  county  clerk,  and  by 
the  county  clerk  certified  to  the  State  Auditor  of  public  ac- 
counts, and  such  judgment  shall  be  final  and  conclusive  in  all 
proceedings  as  to  the  amount  of  indebtedness  to  be  paid  by 
each  municipality.  The  State  Auditor  shall  not  thereafter  cer- 
tify any  rate  per  centum  to  the  county  clerk,  nor  shall  the 
county  clerk  thereafter  extend  any  rate  upon  the  taxable  prop- 
erty of  said  annexed  territory  for  the  payment  of  any  of  said 
bonds  or  interest  thereon  so  issued  by  the  city,  incorporated 
town  or  village  from  which  it  is  disconnected.  Said  enlarged 
city,  town  or  village  shall  be  vested  with  the  title  and  owner- 
ship of  all  the  public  and  school  property  in  such  annexed  ter- 
ritory, and  shall  be  charged  therewith  in  the  division  of  the 
public  property  of  such  dismembered  city,  incorporated 
town  or  village,  or  school  district,  or  township,  between  said 
municipalities,  or  between  said  enlarged  city,  town  or  village, 
and  any  dismembered  school  district  or  township,  as  the  case 
may  be,  and  the  territory  not  annexed  shall  be  charged  with 
all  the  public  property  within  such  territory,  and  all  the  pub- 
lic funds  in  the  hands  of  the  corporate  authorities,  such  divis- 
ion to  be  agreed  upon  by  the  same  authorities  or  settled  by 
the  court  in  the  same  manner  and  upon  the  same  basis  as 
above  provided  for  in  dividing  the  indebtedness  of  said  dis- 
membered municipality  or  school  district  or  township. 

262-  Parts  Annexed — Tax  Apportioned.  ] § 9.  When 

a part  of  a city,  village  or  incorporated  town  is  annexed  to  an- 
other city,  village  or  incorporated  town,  and  before  such  an- 
nexation, the  municipal  authorities  of  the  city,  village  or  in- 
corporated town  from  which  the  territory  is  detached  had 


Statutes. 


138 

made  an  annual  tax  levy,  then  in  such  case  there  shall  be  paid 
over  to  the  treasurer  of  the  city,  village  or  incorporated  town 
to  which  such  territory  is  annexed,  the  fro  rata  share  paid  by 
such  territory  of  said  tax  levy  for  said  year  according  to  the 
taxable  property  therein,  as  the  same  existed  immediately  be- 
fore such  annexation,  and  charging  such  territory  its  propor- 
tionate share  for  the  expired  part  of  the  fiscal  year. 

263-  Improvement  of  Streets,  Etc.]  § 10.  When  a 
part  of  a city,  village  or  incorporated  town  is  annexed  to  an- 
other city,  village  or  incorporated  town  under  the  provisions 
of  this  act,  and  prior  to  such  annexation  proceedings  had  been 
instituted  for  the  purpose  of  improving  any  streets  within  such 
detached  portion  by  special  assessment  or  special  taxation, 
then  in  such  case  such  proceedings  may  be  carried  to  a fi- 
nality, whether  the  whole  improvement  be  within  the  detached 
portion  or  not.  If  the  whole  improvement  is  to  be  made  with- 
in the  detached  portion,  then  the  amount  collected  by  such 
procedings  shall  be  paid  over  to  the  city,  village  or  incorpo- 
rated town  to  which  such  territory  is  annexed,  to  be  used  by 
such  city,  village  or  incorporated  town  for  the  purpose  for 
which  such  proceedings  were  instituted.  If  only  a .part  of 
such  improvement  is  to  be  made  within  the  detached  territory, 
then  the  city,  village  or  incorporated  town  from  which  such 
territory  is  detached  may  proceed  with  the  same  as  though 
such  annexation  had  not  taken  place. 

264.  Opening  Street  or  Alley.]  § 11.  When  a part 
of  a city,  village  or  incorporated  town  is  annexed  to  another 
under  the  provisions  of  this  act,  then  in  that  case  any  pro- 
ceedings instituted  for  the  purpose  of  taking  land  for  the  pur- 
pose of  opening  any  street  or  alley,  or  other  public  way,  with- 
in the  territory  so  annexed,  shall  not  be  arrested  or  stayed,  but 
the  same  may  proceed  to  a finality,  if  the  city,  village  or  incor- 
porated town  to  which  such  territory  is  annexed  so  elect,  and 
all  moneys  received  from  any  special  assessment  or  tax  levied 


Annexing  and  Excluding  Territory.  139 

or  assessed  for  such  purpose  shall  be  paid  over  to  the  city, 
village  or  incorporated  town  to  which  such  territory  is  annexed, 
to  be  used  by  it  for  the  purposes  for  which  the  same  was  col- 
lected, such  proceedings  to  be  continued  in  the  name  of  the 
city,  village  or  town  from  which  the  territory  is  detached 
with  like  force  and  effect  as  though  the  said  territory  had 
not  been  detached  therefrom. 

265.  Use  of  Water  Works,  Gas  or  Electric  Light  Sys- 
tem. ] § 12.  If  a part  of  a city,  village  or  incorporated  town 

be  annexed  to  any  other  village,  city  or  incorporated  town, 
then  such  part  of  the  city,  village  or  incorporated  town 
shall  have  the  same  use  and  benefit  of  any  water  works,  gas 
or  electric  light  system  owned  by  such  city,  village  or  incor- 
porated town  prior  to  such  annexation,  on  the  same  terms, 
conditions  and  restrictions  that  it  had  before  such  annexation  ; 
and  on  the  same  terms,  conditions  and  restrictions  said  terri- 
tory not  annexed  may  thereafter  receive  the  use  and  benefit 
thereof;  and  if  a portion  of  the  territory  of  any  city,  village  or 
incorporated  town  be  annexed  to  another  city,  village  or  in- 
corporated town,  then  the  portion  of  the  city,  village  or  incor- 
poarted  town  not  annexed  shall  have  the  same  use  and  bene- 
fit of  any  water  works,  gas  or  electric  light  system  owned  by 
such  city,  village  or  incorporated  town  prior  to  such  annex- 
ation on  the  same  terms,  conditions  and  restrictions  that  it  had 
before  such  annexation,  and  on  the  same  terms,  conditions  and 
restrictions  said  territory  annexed  may  thereafter  receive  the 
use  and  benefit  thereof.  Either  part  of  such  village,  city  or 
incorporated  town  receiving  such  benefit  as  aforesaid  may 
have  its  said  rights  and  benefits  waived  by  the  city  council  or 
board  of  trustees  of  the  city,  village  or  incorporated  town  to 
and  from  which  said  territory  is  annexed  and  detached,  upon 
such  just  and  equitable  terms  as  they  may  agree,  and  if  they 
can  not  agree,  then  the  matter  shall  be  determined  by  the  cir- 
cuit or  county  court  of  the  county  within  which  such  city,  vil- 
lage or  incorporated  town  to  which  territory  is  annexed  may 


140 


Statutes. 


lie,  on  petition  of  any  person  interested  therein.  Said  court 
shall  determine  the  matter  aforesaid  in  a summary  manner  and 
without  formal  proceedings  pronounce  judgment  as  the 
right  and  equity  of  the  case  may  require,  and  such  judgment 
shall  be  final  and  conclusive. 

266-  Annexation — Proceedings  for  Division  of  Prop- 
erty.] § 13.  When  a part  of  a city,  village  or  incorporated 
town  shall  be  under  the  provisions  of  this  act  annexed  to  another 
city,  village  or  incorporated  town,  then,  in  case  the  municipal 
authorities  of  the  municipal  corporation  from  which  the  terri- 
tory is  detached  and  of  the  municipal  corporation  to  which  it 
is  attached  can  not  by  ordinance  agree  as  to  the  division  of  the 
property  or  the  settlement  of  their  respective  rights  and  all 
matters  arising  out  of  said  annexation  within  sixty  days  there- 
after, then  the  circuit  or  county  court  of  the  county  within 
which  either  municipal  corporation  may  be,  shall  hear  and  de- 
termine all  matters  so  in  dispute  and  give  judgment  or 
decree  as  the  right  of  the  matter  may  demand  on  petition  of 
either  municipal  corporation,  and  such  judgment  shall  be 
final  and  conclusive. 

267.  Transfer  of  Records,  Etc.]  § 14.  All  public 
books,  papers  and  documents,  when  the  whole  of  ail  incorpor- 
ated city,  town  or  village  is  annexed,  under  the  provisions  of 
this  act,  on  file  in  any  office  or  with  any  officer  thereof,  shall 
be  transferred  to  and  filed  with  the  appropriate  officer  or  de- 
partment of  the  city,  incorporated  town  or  village  to  which 
such  annexation  is  made,  as  the  city  council  or  board  of  trus- 
tees thereof,  as  the  case  may  be,  shall  direct;  and  it  shall  be 
the  duty  of  all  persons  having  charge  of  such  books,  papers 
and  documents  to  deliver  the  same  to  and  file  the  same  with 
the  appropriate  officer  or  department  as  in  this  section  pro- 
vided. 

268.  Officers  in  Detached  Portion  Hold  Over.]  § 15. 

When  a part  of  a city,  village  or  incorporated  town  shall  be 


Annexing  and  Excluding  Territory.  141 

annexed  to  another  city,  village  or  incorporated  town,  and  any 
mayor,  president,  alderman  or  trustee,  clerk,  treasurer  or  at- 
torney for  such  municipality  from  which  the  territory  is  de- 
tached shall  reside  in  the  territory  so  detached,  then  he  shall 
continue  in  office  as  an  officer  of  such  municipal  corporation 
until  the  next  annual  municipal  election  of  such  city,  village  or 
incorporated  town,  as  the  case  may  be. 

269.  Police  Magistrates  Hold  Until  Term  Ended.] 
§ 1 6.  When  the  whole  or  any  part  of  such  city,  village  or 
incorporated  town  shall  be  annexed  to  another  city,  village  or 
incorporated  town  under  the  provisions  of  this  act,  then  any 
justice  of  the  peace  or  police  magistrate,  duly  elected,  quali- 
fied and  acting  at  the  time  that  annexation  shall  take  effect, 
shall  continue  to  hold  their  offices  for  the  terms  for  which  they 
were  respectively  elected.  All  suits,  actions,  proceedings, 
complaints,  prosecutions  and  special  proceedings  which  shall 
be  pending  in  the  territory  annexed  before  any  justice  of  the 
peace,  shall  be  heard  and  determined  as  though  annexation 
had  not  taken  place,  and  the  said  justices  of  the  peace  shall 
continue  to  exercise  within  said  territory,  the  functions  of  their 
respective  offices  until  the  term  thereof  shall  respectively  ex- 
pire or  otherwise  sooner  be  determined,  in  the  same  manner 
as  though  annexation  had  not  taken  place,  and  the  powers  and 
jurisdiction  of  said  justices  within  said  territory,  and  their  fees 
and  emoluments  and  methods  of  procedure  shall  be  as 
though  annexation  had  not  taken  place.  But  nothing  in 
this  section  contained  shall  authorize  any  service  of  process 
issued  by  a justice  of  the  peace  or  police  magistrate  of  the 
city,  village  or  incorporated  town,  or  give  any  such  justice  of 
the  peace  jurisdiction  outside  of  the  territory  to  which  his  ju- 
risdiction was  limited  before  such  annexation,  or  interfere 
with  the  jurisdiction  of  any  justice  of  the  peace  or  police 
magistrate  of  the  city  to  which  it  is  annexed  over  the  territory 
annexed.  At  the  expiration  of  the  term  ot  such  justices  of 
the  peace  or  police  magistrates,  all  dockets  and  books,  papers 


142 


Statutes. 


and  files  of  their  respective  offices  shall  be  filed  and  deposited 
with  any  justice  of  the  peace  of  the  city,  village  or  incorpor- 
ated town  to  which  said  territory  is  annexed  that  the  circuit 
court  of  the  county  shall  designate  by  order  of  the  court. 

270-  Policemen  and  Firemen  Continue  as  Such  in 
Portion  Annexed.  J §17*  All  policemen  and  firemen  law- 
fully in  the  employ  of  any  city,  village  or  incorporated  town, 
the  whole  of  which  may  be  annexed  to  another,  as  provided 
in  this  act,  shall  be  transferred  to  and  become  a part  of  the 
police  and  fire  department  force  of  such  city,  village  or  incor- 
porated town. 

271-  Licensing  Dram  Shops — Liquor  Law.  ] § 18. 

When  a part  or  the  whole  of  an  incorporated  town,  village  or 
city  is  annexed  under  the  provisions  of  this  act,  to  another 
city,  village  or  incorporated  town,  and  prior  to  such  annexa- 
ation  an  ordinance  was  in  force  prohibiting  the  issuing  of  li- 
censes to  keep  dram  shops  within  said  territory  so  annexed,  or 
any  part  thereof,  or  providing  that  such  licenses  shall  not  be 
issued  except  upon  petition  of  a majority  of  the  voters  resid- 
ing within  a certain  distance  of  such  proposed  dram  shops, 
then  such  ordinance  shall  continue  in  full  force  and  effect,  not- 
withstanding such  annexation:  Provided , the  city  council  or 
board  of  trustees,  as  the  case  may  be,  may,  on  petition  of  one- 
fourth  of  the  voters  of  the  territory  over  which  said  ordinance 
extends,  submit  at  an  annual  municipal  election,  but  not  oftener 
than  every  other  municipal  election,  the  question  to  the  voters 
of  such  territory  whether  or  not  an  ordinance  shall  be  passed 
authorizing  the  issuing  of  dram  shop  licenses  for  such  terri- 
tory: And , frovided^  further , that  upon  petition  in  such  case 
of  one-fourth  of  the  voters  within  any  part  of  said  annexed 
territory  not  less  than  one-half  square  mile  in  extent,  asking 
that  any  such  ordinance  shall  be  continued  in  force  in  said 
portion  of  said  annexed  territory,  said  question  of  issuing 
dram  shop  licenses  shall  be  submitted  separately  to  the  voters 
of  said  portion  of  said  annexed  territory,  and  if  a majority  of 


Annexing  and  Excluding  Territory.  143 

the  voters  voting  on  such  question  vote  against  dramshops, 
then  said  ordinance  shall  continue  in  force  in  said  portion  of 
said  territory,  otherwise  not.  The  ballots  cast  at  such  elec- 
tion shall  be  written  or  printed,  or  partly  written  and  partly 
printed,  “For  dramshops,”  or  “Against  dramshops,”  respect- 
ively, and  shall  be  received,  canvassed  and  returned  the  same 
as  ballots  cast  at  said  election  for  municipal  officers,  and  if  it 
shall  appear  that  a majority  of  the  voters  so  voting  upon  the 
question  vote  “For  dramshops,”  then  licenses  may  be  issued 
for  said  territory  on  the  same  terms  and  conditions  as  licenses 
are  granted  by  ordinance  within  other  parts  of  the  mu- 
nicipality. It  is  intended  by  this  section  to  continue  in  full 
force  and  effect  all  ordinances  of  any  municipality,  the  whole 
or  part  of  which  is  annexed  to  another  city,  incorporated  town 
or  village,  whereby  the  licensing  of  dramshops  is  prohibited  or 
regulated  within  said  city,  village  or  incorporated  town,  or  any 
part  thereof,  without  the  voters  of  the  territory  so  affected 
consent,  as  hereby  provided,  to  the  repeal  of  such  ordinance 
by  the  city,  village  or  incorporated  town  to  which  the  territory 
is  annexed. 

272.  What  Constitutes  a Ward — Election  of  Aider- 
men.]  § 19.  Whenever  the  whole  or  a part  of  any  city, 
village  or  incorporated  town  is  annexed  to  a city  having  30,000 
inhabitants  or  more,  and  such  annexed  territory  is  three  or 
more  square  miles  in  extent,  or  contains  15,000  inhabitants 
and  not  more  than  25,000  inhabitants,  then  such  annexed  ter- 
ritory shall  constitute  a ward  of  the  city  to  which  it  is  an- 
nexed, and  the  city  council  of  such  city  shall  authorize  the  le- 
gal voters  of  such  annexed  territory  to  elect  two  aldermen 
from  such  ward  in  such  annexed  territory,  which  said  aider- 
men  from  such  annexed  territory  shall  be  additional  aldermen 
to  the  number  theretofore  required  in  such  city,  and  shall  pos- 
sess all  the  qualifications  of  and  be  elected  at  the  time  and  in  the 
manner  provided  by  law.  Provided , that  if  said  annexed  ter- 
ritory shall  contain  more  than  25,000  inhabitants,  then  the  city 


*44 


Statutes. 


council  shall  authorize  the  legal  voters  of  such  annexed  terri- 
tory to  elect  two  aldermen  for  every  25,000  inhabitants  thereof, 
and  two  additional  aldermen  for  a fraction  of  15,000  inhabit- 
ants or  more,  the  number  of  inhabitants  to  be  determined  by 
the  last  preceding  national,  State  or  school  census  of  such  an- 
nexed territory,  and  if  any  such  annexed  territory  has  less  than 
i5,oooinhabitants,  and  is  less  than  three  square  miles  in  extent, 
then  the  city  council  shall  annex  it  to  any  ward  or  wards  which 
it  adjoins:  Provided  further , that  nothing  herein  shall  pre- 
vent the  city  council  from  re-districting  such  city  according  to 
law. 

273.  Sewers  May  Be  Built  by  Special  Assessments.] 

§ 20.  When  the  whole  of  a city,  village  or  incorporated  town, 
or  part  of  the  same,  is  annexed  to  another  city,  village  or  in- 
corporated town  under  the  provisions  of  this  act,  and  within 
such  territory  so  annexed  sewers  were  before  such  annexation 
laid  or  built  by  special  assessment,  then  in  such  cases  the  city, 
village  or  incorporated  town  to  which  such  territory  is  an- 
nexed may  continue  to  lay  or  build  sewers  or  establish  a drain- 
age system  by  drainage  districts  within  such  annexed  territory 
by  special  assessment  or  special  taxation,  if  it  shall  so  elect. 

274.  Jurisdiction  of  County  Board  to  Annex  Part  of 
City  to  Town,  Etc.]  § 21.  Whenever  any  territory,  being 
a part  of  a city,  village  or  incorporated  town,  has  been  an- 
nexed to  an  adjoining  town,  which  is  wholly  within  the  limits 
of  a city,  village  or  incorporated  town  under  the  provisions  of 
an  act  entitled,  “An  act  to  amend  sections  2,  4,  6,  7>  IO>  11 
and  12  of  article  3 of  an  act  entitled,  ‘An  act  to  revise  the 
law  in  relation  to  township  organization,  approved  and  in  force 
March  4,  1874,’  approved  June  15,  1887,  in  force  July  1, 
1887,”  then  and  in  such  cases  such  territory  which  has  been 
so  annexed  may  be  annexed  to  and  become  a part  of  the  city, 
village  or  incorporated  town  within  which  such  town  lies  to 
which  such  territory  has  been  annexed  in  the  manner  follow- 


Annexing  and  Excluding  Territory.  145 

ing,  viz. : A petition  may  be  presented  to  the  county  board 
of  the  county  within  which  such  city  may  lie,  signed  by  a 
majority  of  the  legal  voters  of  the  territory  so  annexed  to  such 
town,  and  thereupon,  if  said  county  board  shall  find  that  such 
petition  is  signed  by  a majority  of  the  legal  voters  of  said 
territory,  the  county  board  shall  thereupon,  by  resolution,  an- 
nex such  territory  to  said  city,  village  or  incorporated  town. 
And  upon  such  declaration  by  the  county  board  the  limits  of 
said  city,  village  or  incorporated  town  shall  thereupon  be  ex- 
tended to  include  the  territory  annexed  to  said  town:  Pro- 
vided, this  section  shall  not  be  held  to  prohibit  the  annexation 
of  such  territory  in  any  other  manner  as  provided  in  this  act. 

275.  Repeal  .]  § 22.  All  acts  and  parts  of  acts  in  conflict 
herewith  are  hereby  repealed. 

276.  Emergency.]  §23.  Whereas,  an  emergency  exists, 
therefore  this  act  shall  be  in  force  and  take  effect  from  and 
after  its  passage. 

AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from 
cities,  towns  and  villages,  and  to  unite  cities,  towns  and  villages. 
[Approved  April  10,  1872.  In  force  July  1,  1872. 

277.  Petition  to  be  Annexed — Annexing.]  § 1.  That 
on  petition,  in  writing,  signed  by  not  less  than  three-fourths 
of  the  legal  voters,  and  by  the  owners  of  not  less  than  three- 
fourths  (in  value)  of  the  property  in  any  territory  contingu- 
ous  to  any  city  or  incorporated  village  or  town,  and  not  em- 
braced within  its  limits,  the  city  council  or  board  of  trustees 
of  said  city,  village  or  town  (as  the  case  may  be)  may  by 
ordinance,  annex  such  territory  to  such  city,  village  or 
town,  upon  filing  a copy  of  such  ordinance,  with  an  accurate 
map  of  the  territory  annexed  (duly  certified  by  the  mayor  of 
the  city  or  president  of  the  board  of  trustees  of  the  village  or 
town),  in  the  office  of  the  recorder  of  deeds  in  the  county 
where  the  annexed  territory  is  situated,  and  having  the  same 
recorded  therein:  Provided , that  no  portion,  less  than  the 


146 


Statutes. 


whole  of  an  incorporated  city,  town  or  village,  shall  be  an- 
nexed to  another  incorporated  city,  town  or  village,  except  in 
the  mode  provided  in  this  act  for  the  annexation  of  the  whole 
of  an  incorporated  city,  town  or  village,  to  another  city,  town 
or  village. 

278.  Annexing  One  Corporation  to  Another.]  § 2. 

Any  incorporated  city,  village  or  town  may  be  annexed  to  an- 
other incorporated  city,  village  or  town,  by  ordinance  passed 
by  a two-thirds  vote  of  all  the  aldermen  or  trustees  elect  of 
each  corporation  desiring  annexation : Provided , such  annex- 
ation shall  not  affect  or  impair  any  rights  or  liabilities  either 
in  favor  of  or  against  such  corporations;  and  suits  founded  upon 
such  rights  and  liabilities  may  be  commenced,  and  pending 
suits  may  be  prosecuted  and  carried  to  final  judgments  and 
execution,  the  same  as  if  such  annexation  had  not  taken  place. 
In  making  such  annexation,  the  corporations  so  uniting  may, 
by  ordinance,  fix  the  terms  of  the  annexation,  which  shall  have 
the  force  and  effect  of  a binding  contract:  Provided , however , 
that  no  such  ordinance  shall  be  of  any  binding  force  or  effect 
until  submitted  to  a vote  of  the  legal  voters  of  such  city, 
town  or  village,  at  a general  election  thereof,  and  adopted 
by  a majority  of  all  the  voters  voting  thereon  at  such  election, 
notice  of  which  shall  be  given  at  the  same  time  and  in  the 
same  manner  as  required  for  the  election  of  the  officers  of 
such  city,  town  or  village:  And , -provided , also,  that  the  vote 
shall  be  by  ballot,  which  shall  be  “for  union  ordinance,”  or 
“against  union  ordinance,”  and  shall  be  received,  canvassed 
and  returned  the  same  as  ballots  for  municipal  officers  of  such 
city,  town  or  village. 

279.  Proceedings  by  Corporation  to  Annex  Territory — 
Petition  to  Circuit  Court.]  § 3.  When  any  incorporated  city, 
village  or  town  shall  desire  to  annex  any  continguous  territory 
thereto,  and  the  same  shall  not  have  been  petitioned  for  as 
provided  in  section  one  of  this  article,  it  shall  be  lawful  for  the 
city  council  or  board  of  trustees  of  such  city,  village  or  town, 


Annexing  and  Excluding  Territory.  147 

by  a two-thirds  vote  of  all  the  aldermen  or  trustees  elect,  by 
ordinance  or  resolution,  to  authorize  the  mayor  of  such  city  or 
the  president  of  the  board  of  trustees  of  such  village  or  town, 
to  petition  the  circuit  court  of  the  county  in  which 
the  territory  desired  to  be  annexed  or  a major  part 
thereof  is  situated,  praying  such  annexation  to  be  made.  The 
petition  shall  contain  a copy  of  such  ordinance  or  resolution, 
and  an  accurate  map  of  the  territory  which  it  is  desired  to  an- 
nex showing  all  such  subdivisions  that  shall  have  been  made 
therein.  Such  petition  shall  be  filed  with  the  clerk  of  the 
court  at  least  ten  days  before  the  first  day  of  the  term  at  which 
it  is  proposed  to  be  heard:  Provided , that  nothing  in  this 
section  contained  shall  authorize  said  petition  to  be  filed  unless 
the  territory  so  sought  to  be  annexed  (except  territory  interven- 
ing between  a city  and  town,  or  two  or  more  cities  or  towns, 
desiring  to  become  united  under  this  act,)  shall  contain  an  ac- 
tual resident  population  of  at  least  one  hundred  and  fifteen 
inhabitants  to  each  section  or  fractional  part  of  a section  so 
sought  to  be  annexed — which  said  fact  shall  be  alleged  in  said 
petition  and  proved  on  the  hearing  thereof,  the  same  as  any 
other  allegation  in  said  petition. 

280.  Notice  of  Proceedings.]  § 4.  When  it  shall  be 
determined  to  present  such  petition,  the  mayor  or  president  of 
the  board  of  trustees  (as  the  case  may  be)  shall  cause  notice 
of  the  time  and  place  where  and  when  the  petition  will  be  or 
has  been  filed,  and  at  what  term  of  court  the  hearing  thereof 
will  be  had,  and  setting  forth  the  boundaries  or  a general  de- 
scription of  the  territory  proposed  to  be  annexed — to  be  given 
by  publication  at  least  once  in  each  week,  for  two  successive 
weeks,  in  some  newspaper  published  in  the  county  where  the 
petition  is  filed  or  to  be  filed  (or,  if  no  newspaper  is  published 
in  such  county,  then  in  the  nearest  newspaper  published  in 
this  State),  and  by  posting  up  notices  at  least  fourteen  days 
before  such  time  of  hearing,  in  at  least  three  of  the  most  pub- 
lic places  in  the  territory  proposed  to  be  annexed,  and  a like 


148 


Statutes. 


number  in  the  city,  village  or  town  to  which  it  is  desired  to 
annex  such  territory. 

281.  Objections  to  Annexation — Trial.]  § 5.  The 

legal  voters  resident  upon  the  territory  thus  proposed  to  be 
annexed,  or  any  of  them,  or  any  owner  of  land  therein,  or  any 
voter  of  such  city,  village  or  town,  may  appear  at  such  hear- 
ing and  show  cause  why  such  annexation  should  not  be  made; 
and  the  court  or  a jury  impaneled  for  that  purpose  (no  mem- 
ber of  the  jury  so  impaneled  shall  be  a resident  of  the  corpo- 
ration or  territory  to  be  annexed,  nor  of  the  town  or  towns  in 
which  said  corporation  or  territory  may  be  situated,)  shall 
hear  all  competent  evidence  that  may  be  offered  by  either 
party;  and  the  court  may  continue  the  hearing  from  time  to 
time,  for  any  cause,  and  make  all  proper  orders  in  regard  to 
the  hearing,  giving  of  notices  and  other  disposition  of  the 
case. 

282.  Finding — Costs,  Etc.J  § 6.  If,  upon  the  hear- 
ing, the  court  or  the  jury  shall  find  that  such  territory  ought 
to  be  annexed  to  such  city,  village  or  town,  and  can  be  so 
done  without  injustice  to  the  inhabitants  or  persons  interested, 
the  court  shall  so  order.  If  the  court  or  jury  shall  find  against 
the  petitioners,  the  petition  shall  be  dismissed  at  the  cost  of 
the  petitioners;  and  no  subsequent  petition  shall  be  presented 
for  the  annexation  of  any  of  the  territory  embraced  in  such 
petition,  within  one  year  from  the  time  of  entering  such  order: 
Provided , that  new  trials  may  be  granted  as  in  other  jury 
cases. 

283.  Proceedings  by  Owner  to  be  Annexed.]  § 7. 

When  not  less  than  a majority  in  number  of  the  legal  voters 
or  the  owner  or  owners  of  any  tract  or  tracts  of  land,  contig- 
uous to  any  incorporated  city,  village  or  town,  shall,  by  pe- 
tition, in  writing,  signed  by  them,  and  filed  in  the  circuit  court 
of  the  county  where  such  territory  or  a major  part  thereof  is 
situated,  pray  to  be  annexed  to  such  city,  village  or  town, 


Annexing  and  Excluding  Territory.  149 

the  like  proceedings  may  be  had  thereon,  and  with  the  like 
effect,  as  in  case  of  a petition  by  a city,  village  or  town : Pro- 
vided, a copy  of  the  notice  required  to  be  given  shall  be  left 
with  the  mayor  of  such  city,  or  president  of  such  village  or 
town,  at  least  ten  days  before  such  petition  is  heard. 

284.  Proceedings  to  Disconnect.]  § 8.  Whenever  a 
majority  of  the  legal  voters  of  any  territory  within  any  city, 
town  or  village,  and  being  upon  the  border  and  within  the 
boundaries  thereof,  shall  petition  the  circuit  court  of  the  county 
in  which  such  city,  town  or  village  is  situated,  praying  to  be 
disconnected  therefrom,  such  petition  shall  be  filed  with  the 
clerk  of  the  court  at  least  ten  days  before  the  first  day  of  the 
term  at  which  it  is  proposed  to  be  heard,  and  like  proceeding 
shall  be  had  as  is  required  by  sections  four  five  and  six  of  the 
act  for  the  annexation  of  such  territory  to  such  city,  town 
or  village:  Provided , that  the  provisions  of  this  section  shall 
only  apply  to  lands  not  laid  out  into  city  or  town  lots  or 
blocks. 

285.  Map  and  Ordinance  Recorded.]  § 9.  When  any 
territory  is  annexed  to  any  city,  village  or  town,  as  provided 
in  this  act,  it  shall  be  the  duty  of  the  mayor  of  the  city,  or  the 
president  of  the  board  of  trustees  of  the  village  or  town  (as 
the  case  may  be)  to  cause  an  accurate  map  of  such  added  ter- 
ritory, together  with  the  ordinance  for  the  annexation,  certi- 
fied by  such  mayor,  and  if  a decree  or  order  of  the  court  has 
been  made  therefor,  a copy  of  the  same,  to  be  filed  for  record 
and  recorded  in  the  recorder’s  office  for  the  county  in  which 
such  added  territory  is  situated.  If  territory  is  disconnected 
or  excluded  from  any  city,  village  or  town,  a copy  of  the  ordi- 
nance or  decree  therefor  shall  be  so  filed  for  record  and  re- 
corded. 

286-  School  Districts.]  § 10.  All  school  districts,  and 
other  corporations  incorporated  for  school  purposes,  under 
special  acts  of  the  legislature,  desiring  to  annex  or  disannex 
territory,  may  proceed  under  the  provisions  of  this  act. 


Statutes. 


150 

287-  Judicial  Notice.]  § 11.  All  courts  in  this  State 
shall  take  judicial  notice  of  cities,  towns  and  villages,  and  of 
the  change  of  their  territory,  made  under  the  provisions  of 
this  act. 

AN  ACT  in  relation  to  the  disconnection  of  territory  from  cities  and 
villages.  [Approved  and  in  force  May  29,  1879. 

288-  Disconnecting  Territory.]  § 1.  That  whenever 
the  owners  representing  a majority  of  the  area  of  land  of  any 
territory  within  any  city  or  village,  and  being  upon  the  border 
and  within  the  boundary  thereof,  and  not  laid  out  into  city  or 
village  lots  or  blocks,  shall  petition  the  city  council  of  such 
city,  or  the  trustees  of  such  village,  praying  the  disconnection 
of  such  territory  therefrom;  such  petition  shall  be  filed  with 
the  city  clerk  of  such  city,  or  the  president  of  the  trustees  of 
such  village,  accompanied  with  a certificate  of  the  county 
clerk,  showing  that  all  city  taxes  or  assessments  due  up  to  the 
time  of  presenting  such  petition  are  fully  paid,  at  least  ten 
days  before  the  meeting  of  such  city  council,  or  trustees,  at 
which  it  is  proposed  to  present  such  petition,  and  the  city  clerk 
of  such  city,  or  president  of  the  trustees  of  such  village,  shall 
present  such  petition  to  the  city  council  or  trustees,  as  the  case 
may  be,  and  upon  such  presentation,  the  city  council  of  such 
city  or  trustees  of  such  village  may,  by  ordinance,  to  be 
passed  by  a majority  of  the  members  elected  to  such  city 
council  or  board  of  village  trustees,  disconnect  the  territory 
described  in  such  petition  from  such  city  or  village : Provided r 
however , that  the  territory  so  disconnected,  shall  not  thereby 
be  exempted  from  taxation,  for  the  purpose  of  paying  any  in- 
debtedness contracted  by  the  corporate  authorities  of  such  city 
or  village,  while  such  territory  was  within  the  limits  thereof, 
and  remaining  unpaid,  but  the  same  shall  be  assessed  and  taxed 
for  the  purpose  of  paying  such  indebtedness,  the  same  as  if 
such  territory  had  not  been  disconnected,  until  such  indebted- 
ness is  fully  paid. 


Bonds,  Municipal. 


i5i 

289.  Ordinance  Recorded.]  § 2.  A copy  of  the  ordi- 
nance disconnecting  territory  from  any  city  or  village,  certified 
by  the  clerk  of  such  city,  or  president  of  the  trustees  of  such 
village,  shall  be  filed  for  record  and  recorded  in  the  recorder’s 
office  of  the  county  in  which  such  disconnected  territory  is 
situated,  and  another  copy  of  such  ordinance,  so  certified, 
shall  be  filed  with  the  clerk  of  the  county  court  of  the  county 
in  which  such  disconnected  territory  is  situated. 

290-  Judicial  Notice.]  § 3.  All  courts  in  this  State 
shall  take  judicial  notice  of  cities  and  villages,  and  of  the 
changes  made  in  their  territory,  under  this  act. 

291-  Repeal.]  § 4.  All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 

292-  Emergency.]  § 5.  (Clause  omitted.) 


6.  BONDS— MUNICIPAL. 


Section. 

293.  New  Bonds  May  be  Issued  in  Place  of 

Old  Ones. 

294.  Valuation  of  Taxable  Property  In- 

dorsed on  Bond. 

295.  Election — Notice. 

296.  Registration. 

297.  Auditor  to  Certify  Rate  Required. 

298.  State  Custodian  — Collection  — Pay- 

ment. 


Section. 

299.  How  Money  Disbursed. 

300.  When  Registered  Bonds  Mature  and 

are  Not  Paid. 

301.  Entry  on  Payment. 

302.  Fees— Collector’s  Bond. 

303.  Bonds— By  Whom  Executed. 

304.  New  Bonds  for  Old  Indebtedness. 


AN  ACT  to  amend  an  act,  approved  April  27,  1877,  entitled  “An  act  to 
amend  an  act  entitled  an  act  relating  to  county  and  city  debts, 
and  to  provide  for  the  payment  thereof,  by  taxation,  in  such 
counties  and  cities,  approved  February  13,  1865,  and  to  amend  the 
title  thereof.”  [Approved  June  4,  1879.  In  force  July  1,  1879. 

293.  New  Bonds  May  be  Issued  in  Place  of  Old  Ones.] 

§ 1.  That  in  all  cases  where  any  county,  city,  town,  town- 
ship, school  district,  or  other  municipal  corporation,  has  issued 
bonds  or  other  evidences  of  indebtedness,  for  money,  or  has 
contracted  debts,  which  are  the  binding,  subsisting  legal  obli- 


152 


Statutes. 


gations  of  such  county,  city,  town,  township,  school  district, 
or  other  municipal  corporation,  and  the  same,  or  any  portion 
thereof,  remain  outstanding  and  unpaid,  it  shall  be  lawful  for 
the  proper  corporate  authorities  of  any  such  county,  city, 
town,  township,  school  district,  or  other  municipal  corporation, 
upon  the  surrender  of  any  such  bonds  or  other  evidences  of 
indebtedness,  or  any  number  or  portion  thereof,  to  issue,  in 
lieu  or  place  thereof,  to  the  owners  or  holders  of  the  same, 
new  bonds  prepared  as  hereinafter  directed,  and  for  such 
amounts,  upon  such  time  not  exceeding  twenty  years,  payable 
at  such  place,  and  bearing  such  rate  of  interest,  not  exceeding 
seven  per  centum  per  annum,  as  may  be  agreed  upon  with  the 
owners  or  holders  of  such  outstanding  bonds  or  other  evi- 
dences of  indebtedness:  Provided , that  bonds  issued  under 
this  act,  to  mature  within  five  years  from  their  date,  may  bear 
interest  not  to  exceed  eight  per  cent,  per  annum.  And  it  shall 
also  be  lawful  for  the  proper  corporate  authorities  of  any  such 
county,  city,  town,  township,  school  district,  or  other  munici- 
pal corporation,  to  cause  to  be  thus  issued,  such  new  bonds, 
and  sell  the  same  to  raise  money  to  purchase  or  retire  any  or 
all  of  such  outstanding  bonds  or  other  evidences  of  indebted- 
ness; the  proceeds  of  the  sales  of  such  new  bonds  to  be  ex- 
pended, under  the  direction  of  the  corporate  authorities  afore- 
said, in  the  purchase  or  retiring  of  the  outstanding  bonds  or 
other  evidences  of  indebtedness  of  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation,  and 
for  no  other  purpose  whatever.  All  bonds  or  other  evidences 
of  indebtedness,  issued  under  the  provisions  of  this  act,  shall 
show  upon  their  face  that  they  are  issued  under  this  act,  and 
the  purpose  for  which  they  are  issued,  and  shall  be  of  uni- 
form design  and  style,  throughout  the  State,  to  be  prescribed 
by  the  State  auditor,  whose  imperative  duty  it  shall  be  to  de- 
vise and  prepare  such  uniform  style  and  draft  adapted  to  the 
classes  of  bonds  herein  provided  for,  namely:  The  first  class 
to  consist  of  bonds,  of  which  only  the  interest  is  payable  an- 


Bonds,  Municipal. 


i53 


nually;  the  second  class  to  consist  of  those  of  which  the  inter- 
est and  five  per  centum  of  the  principal  are  to  be  paid  annu- 
ally, and  the  third  class  to  consist  of  a graduated  series,  the 
first  grade,  made  payable,  principal  and  interest,  at  the  end  of 
one  year  from  the  date  of  issue;  the  second,  at  the  end  of  two 
years,  and  thus  to  the  end  of  the  series,  the  class  to  be  issued 
being  at  the  option  of  the  legal  voters  expressed  as  herein 
provided.  In  any  case,  the  new  bonds,  or  other  evidences  of 
indebtedness,  authorized  to  be  issued  by  this  act,  shall  not  be 
for  a greater  sum  in  the  aggregate,  than  the  principal  and  ac- 
crued or  earned  interest  unpaid  of  such  outstanding  bonds  or 
other  evidences  of  indebtedness.  And  when  such  new  bonds, 
or  other  evidences  of  indebtedness,  shall  have  been  issued,  in 
order  to  be  placed  on  the  market  and  sold  to  obtain  proceeds 
with  which  to  retire  outstanding  bonds,  or  other  evidences  of 
indebtedness,  it  shall  be  the  duty  of  the  State  auditor,  on  the 
request  of  the  corporate  authorities  issuing  them,  and  at  the 
expense  of  the  corporation  in  whose  behalf  the  issue  is  thus 
made  to  negotiate  the  same,  at  not  less  than  par  value,  and  on 
the  best  terms  which  can  be  obtained : Provided,  always, 
that  any  such  county,  city,  town,  township,  school  district  or 
other  municipal  corporation  issuing  bonds  under  the  provisions 
of  this  act,  may,  through  its  corporate  authorities  duly  author- 
ized, negotiate,  sell  or  dispose  of  said  bonds,  or  any  part 
thereof,  at  not  less  than  their  par  value,  without  the  interven- 
tion of  the  Auditor  of  State:  And,  provided,  further,  that  no 
new  bonds,  or  other  evidences  of  indebtedness,  shall  be  issued 
under  this  act,  unless  the  same  shall  be  first  authorized,  as 
hereinafter  provided,  by  a vote  of  a majority  of  the  legal  vot- 
ers of  such  county,  city,  town,  township,  school  district,  or 
other  municipal  corporation  voting  at  some  general  election, 
or  special  election  held  for  that  purpose. 

294.  Valuation  of  Taxable  Property  Indorsed  on 
Bond.]  § 2.  In  all  cases  where  any  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation  shall 


j54 


Statutes. 


issue  any  bonds  or  evidences  of  indebtedness,  under  this  act, 
it  shall  be  the  duty  of  the  county  clerk  of  such  county,  or 
other  officer  to  whom,  or  to  whose  office,  the  assessment  rolls 
for  State  taxation  of  the  property  within  such  county,  city, 
town,  township,  school  district  or  other  municipal  corporation, 
are  or  shall  be  returnable,  within  five  days  after  the  total 
value  of  the  property  subject  to  taxation  therein  shall  be  re- 
turned to  him,  to  make  out  and  transmit  to  the  auditor  of  pub- 
lic accounts,  to  be  filed  in  his  office,  a certificate  setting  forth 
the  total  value  of  all  taxable  property,  of  every  nature  and 
description,  within  such  county,  chy,  town,  township,  school 
district  or  other  municipal  corporation,  as  exhibited  by  such  as- 
sessment. And  it  shall  be  the  duty  of  the  auditor  of  public  ac- 
counts to  place  on  the  back  of  all  new  bonds,  or  other  evidences 
of  indebtedness  issued  under  the  provisions  of  this  act,  a certifi- 
cate setting  forth  an  aggregate  statement  of  the  amount  of  valu- 
ation of  the  taxable  property  of  the  municipal  corporation  issuing 
such  new  bonds,  or  other  evidences  of  indebtedness;  said  cer- 
tificate specifically  distinguishing  the  value  of  real  estate  and 
personal  property,  and  being  based  on  the  return  provided  for 
in  this  section,  or,  if  there  should  be  no  such  return  made  by 
the  county  clerk  to  the  State  auditor,  then  based  on  an  affida- 
vit made  by  the  officials  of  the  corporation  issuing  the  bonds. 

295.  Election — Notice.]  § 3.  It  shall  be  lawful  for  the 
corporate  authorities  of  any  such  municipal  corporation,  or 
officers  authorized  by  law  to  call  elections  therein,  on  the  pe- 
tition of  ten  legal  voters,  resident  therein,  to  submit  to  the 
voters  thereof,  at  any  general  or  special  election,  the  question 
of  issuing  bonds  under  this  act,  by  posting  a notice  in  ten  of 
the  most  public  places  therein,  and  by  publishing  the  same  in 
the  nearest  newspaper,  twenty  days  before  said  election,  which 
notice  shall  state  the  number  and  amount  of  bonds  proposed 
to  be  issued;  the  kind  or  class  thereof  as  specified  in  the  first 
section  of  the  act  of  1865  as  hereby  amended,  and  as  also 
amended  by  the  said  act  of  1877;  the  amount  of  each;  the 


Bonds,  Municipal. 


155 


rate  of  interest,  under  the  limitation  of  this  amendatory  act; 
when  and  where  payable;  for  what  purpose  issued,  and  the 
time  and  place  when  and  where  said  election  will  be  held. 
And  upon  like  petition  and  notice  it  shall  be  lawful  for  such 
corporate  authorities,  or  officers,  to  submit  the  question  of  is- 
suing bonds  under  this  act,  at  a special  election,  which  shall  be 
held  and  conducted  in  like  manner  as  other  elections  therein. 
The  ballots  shall  read  “For  issuing  the  bonds,”  or,  “Against 
issuing  the  bonds.”  If  a majority  of  the  votes  cast  be  for  is- 
suing the  bonds,  the  same  shall  be  issued  in  conformitory  to 
the  specifications  of  said  notice.  Nothing  contained  in  this 
act,  or  in  the  acts  to  which  this  is  an  amendment,  shall  be  held 
to  repeal,  or  in  anywise  effect  the  power  of  the  city  of  Chicago, 
to  issue  new  bonds  of  said  city  conferred  by  an  act  of  the  Gen- 
eral Assembly,  approved  February  13,  1865,  amending  the 
charter  of  said  city,  nor  to,  in  anywise  affect  any  other  law 
which  authorizes  municipal  corporations  to  issue  bonds,  or 
other  evidences  of  indebtedness,  and  which  does  not  provide 
for  the  registration  thereof. 

296.  Registration.]  § 4.  Upon  the  surrender  of  any 
bond  or  other  evidence  of  indebtedness,  under  this  act,  the 
same  shall  be  endorsed  canceled,  and  shall  from  time  to  time, 
be  destroyed,  under  the  direction  of  the  authority  issuing  the 
same.  Upon  the  issuing  of  any  new  bond,  or  evidence  of  in- 
debtedness, the  clerk,  or  other  officer  having  custody  of  the 
records  of  the  fiscal  matters  of  such  county,  city,  town,  town- 
ship, school  district  or  other  municipal  corporation,  as  the 
case  may  be,  shall  make  registration  thereof,  in  a book  to  be 
kept  in  his  office  for  that  purpose,  showing  the  date,  amount, 
number,  class,  date  of  maturity,  rate  of  interest  and  place  of 
payment  of  such  new  bond,  or  other  evidence  of  indebtedness, 
and  the  description  of  the  bond  or  evidence  of  indebtedness, 
for  which,  or  for  the  purchasing  or  retiring  of  which,  the  same 
was  given,  as  nearly  as  practicable.  On  presentation  of  any 
such  new  bond  or  evidence  of  indebtedness,  issued  under  this 


act,  at  the  officer  of  the  Auditor  of  Public  Accounts,  for  regis- 
tration, the  said  Auditor  shall  cause  the  same  to  be  registered 
in  his  office,  in  a book  to  be  kept  for  that  purpose;  such  reg- 
istration shall  show  'the  date,  amount,  number,  class,  date  of 
maturity,  rate  of  interest,  time  when  such  interest  is  payable, 
and  place  of  payment  of  the  principal  and  interest  of  such  bond 
or  other  evidence  of  indebtedness,  under  what  act,  by  what 
authority,  for  what  purpose  and  by  what  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation  issued, 
and  the  name  of  the  person  or  persons,  presenting  the  same 
for  registration,  and  for  such  registration  the  Auditor  shall  be 
entitled  to  a fee  of  twenty-five  cents,  and  the  Auditor  shall, 
under  his  seal  of  office,  certify  upon  such  bond  the  fact  of  such 
registration  for  which  the  Auditor  shall  be  entitled  to  a fee  of 
twenty-five  cents,  such  fees  to  be  paid  by  the  person  or  per- 
sons desiring  such  registration  and  certificate.  No  bonds  is- 
sued under  this  act  shall  be  entitled  to  registration  in  the  office 
of  the  State  Auditor,  until  a sworn  certificate  shall  have  been 
filed  with  him,  showing  that  all  the  requirements  of  this  act, 
have  been  fully  complied  with,  in  their  issue.  In  the  case  of 
county  bonds,  such  affidavits  shall  be  made  by  the  chairman 
of  the  county  board.  In  case  of  township  bonds,  by  the 
supervisor  of  such  township.  In  case  of  city  bonds,  by  the 
mayor  of  such  city;  in  case  of  town  or  village  bonds,  by  the 
chairman  of  the  town  or  village  board;  and  in  case  of  school 
district  bonds,  by  each  of  the  directors  of  such  school  district. 
Said  certificate  shall  set  forth  the  date  of  the  election  at  which 
the  people  authorized  the  issuance  of  the  bonds,  and  shall  state 
the  class,  date,  number,  amount,  rate  of  interest  and  date  of 
maturity  of  the  bonds,  the  aggregate  equalized  value  of  real 
property,  and  the  aggregate  equalized  value  of  personal  prop- 
erty assessed  in  such  locality,  for  the  previous  year,  together 
with  any  other  information  in  relation  thereto,  which  may  be 
demanded  by  the  Auditor  of  Public  Accounts. 


Bonds,  Municipal. 


i57 


297-  Auditor  to  Certify  Rate  Required.]  § 5.  When 
the  bonds  or  other  evidences  of  indebtedness,  of  any  county, 
city,  town,  township,  school  district  or  other  municipal  corpo- 
ration, shall  be  so  registered,  the  auditor  of  public  accounts 
shall  annually  ascertain  the  amount  of  principal  and  interest 
due  and  accrued,  and  to  accrue,  for  the  current  year,  on  all 
such  bonds  and  evidences  of  indebtedness,  so  registered  in  his 
office,  and  shall  upon  the  basis  of  the  certificate  of  the  valuation 
of  property  to  be  transmitted  to  him,  as  aforesaid,  or,  in  case  no 
such  certificate  shall  be  transmitted  to  him  or  filed  in  his  of- 
fice, then  upon  the  basis  of  the  total  valuation  of  the  property 
in  such  county,  city,  town,  township,  school  district  or  other 
municipal  corporation,  for  the  year  next  preceding,  estimate 
and  determine  the  rate  per  cemtum,  upon  the  valuation  of 
such  property,  requisite  to  meet  and  satisfy  the  said  interest, 
or  interest  and  principal,  as  the  case  may  be,  together  with 
the  ordinary  cost  to  the  State,  of  the  collection  and  disburse- 
ment of  the  same,  to  be  estimated  by  the  Auditor  and  State 
Treasurer,  and  shall  make  and  transmit  to  the  county  clerk  of 
such  county,  or  in  the  county  in  which  such  city,  town,  town- 
ship, school  district,  or  other  municipal  corporation  is  situated, 
or  to  the  officer  or  authority  whose  duty  it  is,  or  may  be,  to 
prepare  the  estimates  and  books  for  the  collection  of  State 
taxes  in  such  county,  city,  town,  township,  school  district  cr 
other  municipal  corporation,  a certificate  setting  forth  such  es- 
timated requisite  per  centum  for  such  purposes,  to  be  filed  in 
his  office;  and  the  said  per  centum  shall  thereupon  be  deemed 
added  to  and  a part  of  the  per  centum  which  is  or  may  be 
levied,  or  provided  by  law,  for  the  purposes  of  State  revenue, 
and  shall  be  so  treated  by  such  clerk,  officer  or  authority  in 
making  such  estimates  and  books  for  the  collection  of  State 
taxes;  and  the  said  taxes  shall  be  collected  with. the  State  tax- 
es, and  all  laws  relating  to  the  State  revenue  shall  apply  there- 
to, except  as  herein  otherwise  provided:  Provided , that  it 
shall  be  lawful  for  the  county  collector  at  any  time  before  set- 


iS8 


Statutes. 


tlement  with  the  State  Treasurer  to  pay  from  such  taxes,  any 
coupons  that  are  due  for  interest  that  may  be  presented  for 
payment,  and  to  pay  from  any  surplus,  not  required  for  inter- 
est purposes,  the  principal  of  any  such  bond  that  may  be  pre- 
sented for  payment,  whether  due  or  not,  and  in  settlement 
with  the  State  Treasurer  the  county  collector  shall  be  credited 
with  such  paid  coupons  and  bonds  the  same  as  money. 

298.  State  Custodian — Collection — Payment.]  § 6. 

The  State  shall  be  deemed  the  custodian  only  of  the  tax  so  col- 
lected, and  shall  not  be  deemed,  in  any  manner,  liable  on  ac- 
count of  such  bonds,  or  other  evidences  of  indebtedness;  but 
the  tax  and  funds  so  collected  shall  be  deemed  pledged  and 
appropriated  to  the  payment  of  the  principal  and  interest  of 
the  registered  bonds,  and  evidences  of  indebtedness,  to  satisfy 
which,  the  same  is  hereinbefore  provided  to  be  collected,  as 
aforesaid,  and  such  new  bonds  and  evidences  of  indebtedness, 
issued  under  the  authority  hereof,  shall  be  deemed  secured 
and  provided  for,  in  virtue  and  faith  hereof,  until  fully  satis- 
fied. The  State  shall,  annually  collect  and  apply  the  said  fund 
to  the  satisfaction  of  the  interest,  or  interest  and  portion  of  the 
principal,  as  the  case  may  be,  of  such  registered  bonds,  or 
evidences  of  indebtedness,  of  any  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation,  to 
the  extent  the  same  is  herein  contemplated  to  be  derived  from 
such  tax,  in  the  same  manner  as  the  interest  on  the  bonds  of 
the  State  is,  or  may  be  collected,  or  paid,  and  in  like  moneys 
as  shall  be  receivable  in  payment  of  State  taxes;  and  moneys 
so  paid  upon  the  principal  of  any  such  bonds,  or  evidences  of 
indebtedness,  shall  be  endorsed  thereon,  and  due  receipts 
therefor  shall  be  taken  and  filed  in  the  office  of  the  Auditor  of 
Public  Accounts,  or  State  Treasurer,  and  interest  coupons,  or 
bonds  or  other;  evidences  of  indebtedness,  so  paid,  shall  be  re- 
turned to  one  of  said  officers,  and  shall  be  cancelled  and  re- 
turned to  the  corporate  authorities  of  the  municipality  which 
issued  the  same,  in  the  manner  now  provided  by  law. 


Bonds,  Municipal. 


*59 


299.  How  Money  Disbursed.]  § 7.  The  state  may, 
out  of  such  fund,  first  retain  or  satisfy  the  ordinary  cost  to  the 
State,  of  the  collection  and  disbursement  thereof;  and  in  case 
of  the  non-presentment  of  any  such  bond,  or  evidence  of  in- 
debtedness, or  interest  coupon  of  any  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation,  for 
payment,  at  the  times  and  when  and  where  the  interest  on  the 
State  debt  is,  or  may  be  paid,  then,  on  the  beginning  of  the 
next  year,  the  moneys  by  reason  thereof  undisbursed,  together 
with  any  surplus  for  any  cause  remaining,  shall  be  carried  to 
the  fund  of  such  county,  city,  town,  township,  school  district 
or  other  municipal  corporation  of  the  current  or  ensuing  year, 
and  be  considered  by  the  auditor  in  making  his  next  estimate 
for  taxation  therein  for  such  year  under  this  act,  and  shall  be 
applied  accordingly.  All  laws  relating  to  the  payment  of  in- 
terest on  the  State  debt,  or  the  cancellation  of  the  evidences 
thereof,  not  inconsistent  with  this  act,  shall  apply  to  the  re- 
ceipt, custody  and  disbursement  of  the  taxes  and  funds  pro- 
vided by  this  act. 

300.  When  Registered  Bonds  Mature  and  are  Not 
Paid.]  § 8.  Upon  the  maturity  of  such  registered  bond,  or 
other  evidence  of  indebtedness,  and  the  non-payment  thereof 
by  the  county,  city,  town,  township,  school  district,  or  other 
municipal  corporation  issuing  the  same,  the  holder  thereof 
may  cause  the  same  to  be  registered  in  the  office  of  the  auditor, 
as  a matured  or  unsatisfied  bond,  or  evidence  of  indebtedness, 
and  thereupon,  for  the  purpose  of  providing  for  the  payment 
of  the  principal  thereof,  at  the  rate  of  five  per  centum  of  such 
principal,  annually,  and  of  the  interest  thereon  in  arrear,  and 
for  the  current  year  to  accrue,  together  with  the  cost  to  the 
State  of  the  collection  and  disbursement  thereof,  as  aforesaid; 
the  same  proceedings  in  all  respects,  shall  be  had  as  is  herein- 
before provided,  for  the  payment  of  the  interest  on  such  bonds 
and  evidences  of  indebtedness,  by  the  collection  of  an  annual 
tax  sufficient  for  the  purposes  in  the  section  contemplated;  and 


i6o 


Statutes. 


the  same  shall  be  collected  and  applied,  as  aforesaid,  to  such 
purpose,  from  year  to  year,  until  the  full  satisfaction  thereof, 
when  such  bonds  or  evidences  of  indebtedness  shall  be  canceled 
and  returned,  as  hereinbefore  provided. 

301.  Entry  of  Payment.]  § 9.  Upon  the  payment  of 
any  such  registered  bond,  or  evidence  of  indebtedness,  and 
presentation  thereof  to  the  auditor,  he  shall  cause  due  entry 
thereof  to  be  made  in  his  office. 

302.  Fees — Collector’s  Bond.]  § 10.  There  shall  be 
allowed  to  the  officers  collecting  and  paying  over  the  taxes 
authorized  to  be  collected  under  the  provisions  of  this  act,  the 
same  fees,  or  compensation,  as  is  or  may  be  allowed  by  law 
for  collecting  and  paying  over  State  taxes,  and  where  such 
tax  is  levied,  the  bonds  of  the  collectors  thereof  shall  be  in- 
creased in  proportion  to  the  estimated  amount  of  such  tax  to 
be  collected. 

303.  Bonds — By  Whom  Executed.]  §11.  All  bonds 
issued  under  this  act  shall  be  executed  on  behalf  of  the  muni- 
cipalities issuing  the  same  by  the  following  named  officers, 
viz. : On  behalf  of  counties  under  the  township  organization 
laws  of  this  State,  by  the  chairman  of  the  board  of  supervis- 
ors and  the  clerk  of  the  county  court  attesting  the  same  with 
his  signature  and  official  seal.  On  behalf  of  counties  not  un- 
der township  organization,  by  the  actingchairman  of  the  board 
of  county  commissioners,  together  with  the  clerk  of  the  county 
court  attesting  the  same  with  his  signature  and  official  seal.  On 
behalf  of  cities,  by  the  mayor  and  city  clerk,  together  with  the 
seal  of  the  city  on  behalf  of  towns  organized  under  the  town- 
ship organization  law  of  this  State,  by  the  supervisor  or  su- 
pervisors of  such  town  (as  the  case  may  be)  and  the  town 
clerk  of  such  towns.  On  behalf  of  all  other  municipalities 
hereinbefore  mentioned,  by  the  president,  chairman  or  chief 
executive  officer  thereof,  together  with  the  clerk  or  secretary 
thereof:  Provided , that  nothing  herein  contained  shall  be  so 


Bonds,  Municipal. 


161 


construed  as  to  authorize  the  officers  herein  mentioned  to  issue 
bonds  under  this  act  except  upon  a majority  vote  of  the  voters 
as  hereinbefore  provided,  j" Added  by  amendment  approved 
May  28,  1879.  1°  f°rce  July  x879. 

AN  ACT  to  enable  counties,  cities,  townships,  school  districts,  and  other 
municipal  corporations,  to  take  up  and  cancel  outstanding  bonds 
and  other  evidences  of  indebtedness,  and  fund  the  same.  [Ap- 
proved and  in  force  March  26,  1872. 

304.  New  Bonds  for  Old  Indebtedness.]  § 1.  That  in 
all  cases  where  any  county,  city,  town,  township,  school  dis- 
trict, or  other  municipal  corporation,  have  issued  bonds  or 
other  evidences  of  indebtedness,  for  money,  on  account  of  any 
subscription  to  the  capital  stock  of  any  railroad  company,  or 
on  account  of,  or  in  aid  of  any  public  buildings  or  other  public 
improvement,  or  for  any  other  purposes  which  are  now  bind- 
ing or  subsisting  legal  obligations  against  any  county,  city, 
town,  township,  school  district,  or  other  municipal  corpora- 
tions, and  remaining  outstanding,  and  which  are  properly 
authorized  by  law,  the  proper  authorities  of  any  such  county, 
city,  town,  township,  school  district  or  other  municipal  corpo- 
rations may,  upon  the  surrender  of  any  such  bonds,  or  other 
evidences  of  indebtedness,  or  any  number  thereof,  issue  in 
place  or  lieu  thereof  to  the  holders  or  owners  of  the  same, 
new  bonds  or  other  evidences  of  indebtedness,  in  such  form, 
for  such  amount,  upon  such  time,  not  exceeding  the  term  of 
twenty  years,  and  drawing  such  rate  ©f  interest,  not  exceeding 
ten  _ 'per  cent.,  as  may  be  agreed  upon  with  such  holders  or 
owners;  and  such  new  bonds  or  other  evidences  of  indebted- 
ness, so  issued,  shall  show  on  their  face  that  they  are  issued 
under  this  act:  Provided , that  the  issue  of  such  new  bonds 
in  lieu  of  such  indebtedness  shall  first  be  authorized  by  a vote 
of  a majority  of  the  legal  voters  of  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation,  voting 
either  at  some  annual  or  special  election  of  such  municipal  cor- 
poration: And  'provided  further , that  such  bonds,  or  other 


162 


Statutes. 


evidences  of  indebtedness,  shall  not  be  issued  so  as  to  increase 
the  aggregate  indebtedness  of  such  municipal  corporation 
beyond  five  per  centum  on  the  value  of  the  taxable  property 
therein — to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes,  prior  to  the  issuing  of  such  bonds  or  other  evi- 
dences of  indebtedness.  Nothing  contained  in  this  act,  or  in 
the  act  to  which  this  is  an  amendment,  shall  be  held  to  repeal 
or  in  anywise  affect  the  power  of  the  city  of  Chicago  to  issue 
new  bonds  to  an  amount  sufficient  to  retire  and  satisfy  matur- 
ing bonds  of  said  city,  conferred  by  section  38  of  an  act  of 
the  general  assembly,  approved  February  13,  1863,  amending 
the  charter  of  said  city.  [As  amended  by  act  approved  April 
14,  1875.  force  July  1,  1875. 

7.  BRIDGES  AND  FERRIES. 

Section.  Section. 

305.  May  Construct  and  Maintain.  307.  Penalty  for  Fast  Driving. 

306.  Control  by  City. 


AN  ACT  to  amend  section  one  (1)  of  an  act  entitled  “An  act  to  enable 
cities  and  villages  to  build,  acquire  and  maintain  bridges  and  fer- 
ries outside  of  their  corporate  limits,  and  to  control  the  same,” 
approved  and  in  force  May  5,  1879.  [Approved  May  25,  1881.  In 
force  July  1,  1881. 

Amendment.]  § i.  That  section  one  (i)  of  an  act  enti- 
tled “An  act  to  enable  cities  and  villages  to  build,  acquire  and 
maintain  bridges  and  ferries  outside  of  their  corporate  limits, 
and  control  the  same,”  approved  May  5,  1879,  and  is 
hereby  amended  so  as  to  read  as  follows : 

305.  May  Construct  and  Maintain.]  § 1.  That  it 
shall  be  lawful  for  any  city  ©r  village  within  this  State  to 
build,  or  acquire  by  purchase,  lease  or  gift,  and  to  maintain 
ferries  and  bridges,  and  the  approaches  thereto,  for  each  ferry 
or  bridge  within  the  corporate  limits,  or  at  any  point  within 
five  (5)  miles  of  the  corporate  limits  of  such  city  or  village. 


Bridges  and  Ferries. 


163 

That  all  such  ferries  and  bridges  shall  be  free  to  the  public, 
and  no  toll  shall  ever  be  collected  by  any  such  city  or  village  au- 
thority : Provided , that  where  any  city  or  village  has  become 
or  is  the  owner  of  any  toll  bridges  or  ferries,  and  is  keeping 
up  and  maintaining  the  same  by  authority  of  law,  all  ownership 
and  rights  vested  in  such  city  or  village  shall  continue  in,  and  be 
held  and  exercised  by  them,  and  they  may,  from  time  to  time, 
fix  the  rates  of  toll  on  such  bridges  and  ferries:  And  pro- 
vided further , that  in  all  cases  where  a bridge  shall  hereafter 
be  built  or  a ferry  acquired  across  a navigable  stream  by  any 
city  or  village,  in  whole  or  in  part,  where  the  population  of 
such  city  or  village  furnishing  the  principal  part  of  the  ex- 
penses thereof  shall  not  exceed  five  thousand  (5,000)  inhab- 
itants, and  where  it  is  necessary  to  maintain  a draw  and 
lights,  and  a debt  shall  be  incurred  by  such  city  or  village  for 
such  purpose,  then  a reasonable  toll  may  be  collected  by  the 
city  or  village  contracting  such  indebtedness,  to  be  set  apart 
and  appropriated  to  the  payment  of  such  indebetdness,  inter- 
est thereon,  and  the  expenses  of  keeping  such  bridge  in  re- 
pair, and  of  maintaining,  opening  and  closing  the  proper 
draws  therefor,  and  lights;  or  in  case  of  a ferry,  of  keep- 
ing the  approaches  and  boat  in  repair  and  operating  the 
same. 

306.  Control  by  City.]  § 2.  Every  bridge  and  ferry  so 
owned  or  controlled  by  such  city  or  village,  and  the  ap- 
proaches thereto,  when  outside  the  corporate  limits,  shall  be 
subject  to  the  municipal  control  and  ordinances  of  such  city  or 
village,  the  same  to  all  intents  and  purposes,  and  in  effect  as 
though  such  bridge  or  ferry  and  the  approaches  thereto,  were 
situated  within  the  corporate  limits  of  such  city  or  village,  and 
in  such  case,  the  county  may  assist  in  the  construction  of  said 
bridge,  as  is  now  provided  by  law. 


164  Statutes. 

AN  ACT  to  regulate  the  manner  of  travel  upon  bridges,  the  whole  or  a 
part  of  which  are  owned  or  controlled  by  cities,  villages  and  towns' 
of  this  State,  and  to  provide  for  the  enforcing  of  the  same.  [Ap- 
proved and  in  force  May  13,  1879. 

307.  Penalty  for  Fast  Driving,  Etc.]  § 1.  That  who- 
ever shall  ride  or  drive  faster  than  a walk,  over  any  bridge  in 
this  State,  owned  or  controlled,  either  the  whole  or  a part 
thereof,  by  any  city,  village  or  town  of  this  State,  shall,  for 
each  offense,  be  fined  in  a sum  not  exceeding  ten  dollars  nor 
less  than  one  dollar:  Provided , that  a notice  shall  be  posted  on 
such  bridge,  warning  against  riding,  or  driving,  on  such  bridge 
faster  than  a walk,  such  fine  to  be  recovered,  with  costs,  be- 
fore any  justice  of  the  peace  or  police  magistrate  of  the  county 
where  the  offense  is  committed,  upon  sworn  complaint  in 
writing,  upon  which  a warrant  for  the  arrest  of  the  offender 
shall  issue,  and  it  shall  be  the  duty  of  every  constable  of  the 
county,  and  every  marshal,  policeman  and  police  constable, 
and  all  other  officers  of  such  city,  village  or  town,  owning  or 
controlling  the  whole  or  in  part  such  bridge,  having  the  power 
to  make  arrests,  whenever  aforesaid  offense  is  committed  in 
the  view  of  such  officer  or  officers,  to  forthwith  take  in  cus- 
tody the  person  or  persons  so  committing  aforesaid  offense, 
and  bring  him  or  them  before  any  justice  of  the  peace  or  po- 
lice magistrate  of  the  county,  to  be  dealt  with  according  to 
law,  and  such  officer  so  taking  in  custody  such  offender,  or 
any  officer  of  such  city,  village  or  town,  owning  or  controlling 
the  whole  or  a part  of  such  bridge  where  such  offense  is  com- 
mitted, may  make  the  complaint  upon  which  warrant  shall 
issue  against  the  offender,  all  fines  collected  under  this  act, 
shall  be  paid  into  the  common  school  fund  of  the  county. 
Whereas,  the  law  is  inadequate  for  the  protection  of  bridges 
which  are  owned  or  controlled,  the  whole  or  a part  thereof, 
by  cities,  villages  and  towns  of  this  State,  therefore  an  emer- 
gency exists,  and  this  act  shall  take  effect  from  and  after  its 
passage. 


Cemeteries. 


165 


8.  CEMETERIES. 


Section. 

308.  When  Cemetery  May  be  Removed  — 

Expense. 

309.  Power  of  City  to  Establish. 

310.  Power  of  Two  or  More  Cities  to  Es- 

tablish Jointly. 


Section. 

311.  When  Land  Leased  or  Sold  for  Ceme- 

tery Purposes. 

312.  Control  by  Corporate  Authorities. 


AN  ACT  to  provide  for  the  removal  of  cemeteries.  [Approved  April 
24,  1873.  In  force  July  1,  1873. 

308.  When  Cemetery  May  be  Removed — Expense.] 

§ 1.  That  whenever  any  cemetery  shall  be  embraced  within 
the  limits  of  any  town  or  city,  it  shall  be  lawful  for  the  corpo- 
rate authorities  thereof,  if,  in  their  opinion,  any  good  cause 
exists  why  such  cemetery  should  be  removed,  to  cause  the  re- 
mains of  all  persons  interred  therein  to  be  removed  to  some 
other  suitable  place:  Provided , said  corporate  authorities 
shall  have  first  obtained  the  assent  of  the  trustees  or  other  per- 
sons having  the  control  or  ownership  of  said  cemetery,  or  a 
majority  thereof:  And,  -provided , further , that  when  such 
cemetery  is  owned  by  one  or  more  private  parties,  or  private 
corporation  or  chartered  society,  the  corporate  authorities  of 
such  town  or  city  may  require  the  removal  of  such  cemetery 
to  be  done  at  the  expense  of  such  private  parties,  or  private 
corporation  or  chartered  society,  if  such  removal  be  based 
upon  their  application. 

AN  ACT  to  amend  an  act  entitled  “An  act  to  enable  cities  and  villages 
to  establish  and  regulate  cemeteries’ ’ approved,  March  24,  1874, 
amended  by  an  act  approved  May  25,  1877,  in  force  July  1,  1877. 
[Approved  and  in  force  June  14,  1883. 

That  an  act  entitled  “An  act  to  enable  cities  and  villages  to 
establish  and  regulate  cemeteries”  approved  March  24,  1874, 
and  amended  by  an  act  approved  May  25,  1877,  be,  and  the 
same  is  so  amended,  as  to  read  as  follows: 

309.  Power  of  City  to  Establish.]  §1.  That  any  city, 
village  or  township  in  this  State  may  establish  and  maintain 


1 66 


Statutes. 


cemeteries,  within  and  without  its  corporate  limits,  and  acquire 
lands  therefor,  by  condemnation  or  otherwise,  and  may  lay 
out  lots  of  convenient  size  for  families;  and  may  sell  lots  for 
family  burying  ground,  or  to  individuals  for  burial  purposes. 

310.  Power  of  Two  or  More  Cities  to  Establish 

Jointly.  | § 2.  That  any  two  or  more  cities,  villages  or 

townships  in  this  State  may  jointly  unite  in  establishing  and 
maintaining  cemeteries  within  and  without  the  corporate  limits 
of  either,  and  acquire  lands  therefor  in  common,  by  purchase, 
condemnation  or  otherwise,  and  may  lay  out  lots  of  convenient 
size  for  families,  and  may  sell  lots  for  family  burying  ground 
or  to  individuals  for  burial  purposes. 

AN  ACT  to  enable  the  mayor  and  aldermen  of  certain  cities  to  lease  or 
convey  real  estate.  [Approved  April  15,  1875.  In  force  July  1, 
1875. 

311.  When  Land  Leased  or  Sold  for  Cemetery  Pur- 
poses.] § i.  That  in  all  cities  of  which  the  mayor  and  ald- 
ermen have  heretofore  been  incorporated  by  any  special  act, 
as  a cemetery  association  or  body  politic,  it  shall  be  lawful,  a 
majority  of  their  number  assenting  thereto,  for  such  associa- 
tion or  body  politic,  to  demise  for  a term  of  years,  or  to  con- 
vey in  perpetuity  and  real  estate  which  it  may  have  acquired 
by  purchase  or  otherwise;  and  the  real  estate  so  conveyed 
shall  be  devoted  exclusively  for  burial  or  cemetery  purposes 
by  the  grantee  or  lessee  thereof. 

AN  ACT  in  relation  to  the  control  of  public  graveyards.  [Approved 
May  29,  1879.  In  force  July  1,  1879. 

312-  Control  by  Corporate  Authorities.]  § i.  That 
public  graveyards  in  this  State,  not  under  the  control  of  any 
corporation,  sole  organization  or  society  and  located  within  the 
limits  of  cities,  villages,  town,  townships,  or  counties  not  under 
township  organization,  shall  and  may  be  controlled  or  vacated 
by  the  corporate  authorities  of  such  city,  village,  town,  town- 


Changing  Name. 


167 


ship  or  county,  in  such  manner  as  such  authorities  may  deem 
proper,  and  in  the  case  of  towns,  such  control  may  be  vested 
in  three  trustees,  to  be  elected  annually  by  the  voters  of  such 
town  at  the  annual  town  meeting  therein. 


9.  CHANGING  NAME. 


Section. 

313.  Petition. 

314.  Proceedings. 

315.  Duties  of  Secretary  of  State. 

316.  Time  of  Hearing. 

317.  Hearing  Petition  and  Remonstrance. 


Section. 

318.  Order  Filed  with  Secretary  ot  State- 

Notice. 

319.  Rights  Saved. 

320.  When  Change  Void. 

321.  Name  of  Unincorporated  Town,  etc. 


AN  ACT  to  enable  any  city,  town  or  village  in  this  State  to  change  its 
name.  [Approved  March  7,  1872.  In  force  July  1,  1872. 

313-  Petition.]  § 1.  That  whenever  a petition,  signed  by 
the  qualified  electors  of  any  city,  incorporated  town  or  incorpo- 
rated village  of  this  State,  equal  in  number  to  one-half  of  those 
who  voted  for  the  officers  therein  at  the  last  election,  shall  be  pre- 
sented to  the  corporate  authorities  of  such  city,  town  or  vil- 
lage, praying  that  the  name  of  such  city,  town  or  village  may 
be  changed,  it  shall  be  lawful  for  such  corporate  authorities  to 
make  such  change  in  the  manner  hereinafter  prescribed. 

314.  Proceedings.]  § 2.  Previous  to  the  presentation 
of  the  petition  in  the  preceding  section  mentioned,  the  name 
proposed  to  be  given  to  such  city,  town  or  village  shall  be 
filed  in  the  office  of  the  secretary  of  State,  to  be  there  retained 
for  the  period  of  at  least  sixty  days,  and,  upon  application,  the 
secretary  of  State  shall,  at  any  time  after  the  filing  of  such 
name,  grant  a certificate,  stating  that  such  name  has  not  been 
given  to  any  other  city,  incorporated  town,  or  incorporated 
village,  or  municipality  in  this  State,  if  such  be  the  fact;  but 
if  such  name  has  been  adopted  by  any  other  city,  town,  village 
or  municipality,  as  appears  from  information  in  his  office,  the 
secretary  of  State  shall  so  notify  the  party  or  parties  making 


Statutes. 


i 68 

such  application,  in  which  case  another  name  shall  be  filed  in 
his  office,  which  name  shall  likewise  remain  for  the  like  period  of 
sixty  days;  and  no  petition  shall  be  acted  upon  by  said  corpo- 
rate authorities  unless  accompanied  by  the  certificate  of  the 
secretary  of  State,  setting  forth  that  such  name  has  not  been 
adopted  elsewhere  in  this  State. 

315.  Duties  of  Secretary  of  State.]  § 3.  The  secre- 
tary of  State  shall,  as  soon  as  practicable  after  the  passage  of 
this  act,  communicate  with  the  clerks  of  the  several  counties 
of  this  State,  and  ascertain  the  names  of  all  the  cities,  towns, 
villages  or  other  municipal  corporations  therein,  and  arrange 
such  names  in  alphabetical  order  for  convenient  reference. 
Such  lists  of  names  shall  be  kept  filed  in  his  office,  and  shall 
be  changed  whenever  a change  of  name  shall  be  effected  un- 
der the  provisions  of  this  act. 

316  Time  of  Hearing  to  be  Fixed — Notice.]  § 4.  At 

any  meeting  of  the  corporate  authorities  of  any  city,  incorpo- 
rated town  or  incorporated  village,  after  the  presentation  of 
the  petition  herein  provided,  such  corporate  authorities  shall 
fix  the  time  when  such  petition  shall  be  considered,  and  order 
notice  of  the  presentation  thereof  to  be  given,  by  publishing 
such  notice  for  three  successive  weeks  in  some  newspaper 
having  a general  circulation  in  such  city,  town  or  village. 
Such  notice  shall  state  that  a change  of  the  name  of  such  city, 
town  or  village  has  been  prayed  for,  and  the  time  when  action 
on  said  petition  will  be  had,  at  which  time  remonstrances,  if 
any,  will  be  heard. 

317-  Hearing  Petition  and  Remonstrances.]  § 5.  At 

the  time  fixed  in  the  notice  provided  for  in  the  preceding  sec- 
tion, or  if,  from  any  cause,  action  thereon  is  not  taken,  such  pe- 
tition praying  for  a change  of  name  shall  be,  with  all  remon- 
strances, heard  at  any  subsequent  meeting  of  the  corporate 
authorities  of  any  such  city,  town  or  village;  and  if  said  cor- 
porate authorities  are  satisfied  that  such  change  of  name  is 


Changing  Name. 


169 


necessary  and  proper,  they  shall  thereupon  make  an  order 
changing  the  name  of  such  city,  town  or  village,  and  adopting 
the  name  prayed  for  in  such  petition. 

318.  Order  Filed  With  Secretary  of  State — Notice.] 
§ 6.  If  said  change  of  name  is  made,  said  corporate  authori- 
ties shall  cause  a copy  of  the  order  making  such  change  to  be 
filed  in  the  office  of  the  secretary  of  State,  who  shall  there- 
upon make  known  the  fact  of  Isuch  change  by  publication  in 
some  newspaper  of  the  county  in  which  such  city,  town  or 
village  is  situated,  and  also  in  some  newspaper  in  the  city  of 
Chicago;  and  all  the  courts  of  this  State  shall  take  judicial 
notice  of  the  change  thus  made. 

319.  Rights  Saved.]  § 7.  Nothing  in  this  act  contained 
shall  affect  the  rights  or  privileges  of  such  city,  town  or  vil- 
lage, or  those  of  any  person,  as  the  same  existed  before  such 
change  of  name.  And  all  proceedings  pending  in  any  court 
or  place  in  favor  of  or  against  said  city,  town  or  village,  may 
be  continued  to  final  consummation  under  the  name  in  which 
the  same  was  commenced. 

320.  When  Change  Void.]  § 8.  If  the  name  of  any 
such  city,  town  or  village  shall  be  changed  contrary  to  or 
without  complying  with  the  provisions  of  this  act,  such  change 
shall  be  void;  and  all  proceedings  instituted  or  acts  done  in 
such  name  as  changed,  shall  be  void  and  held  for  naught  in 
the  courts  of  this  State. 

321.  Name  of  Unincorporated  Town,  Etc  ] § 9.  When 
the  plat  of  any  unincorporated  town  or  village  shall  be  placed 
upon  record  in  any  county  of  this  State,  the  circuit  court  of 
said  county  shall  have  power,  at  any  regular  term  of  said 
court,  to  change  the  name  of  such  unincorporated  town  or  vil- 
lage, upon  the  petition  of  a majority  of  the  legal  voters  raid- 
ing within  the  limits  of  such  town  or  village:  Provided, 
notice  of  the  proposed  change  of  name  shall  be  filed  in  the 
office  of  the  secretary  of  State,  as  provided  in  section  two  of 
this  act. 


Statutes. 


170 


10.  CITY  COURTS. 


Section. 

322.  Style  of  Court — Jurisdiction. 

323.  Seal. 

324.  Place  of  Holding. 

325.  Stationary. 

.-26.  Election  and  Qualification  of  Judges 
—Powers— Vacancy. 

327.  Exchanges,  Etc. 

328.  Clerks. 

329.  Duties  of  Sheriff—  State’s  Attorney. 

330.  Master  in  Chancery. 

331.  Terms  of  Court. 

332.  Adjournments. 

333.  Appeals  to— Certiorari. 

334.  Recognizances— City  Prison,  Etc. 


Section. 

335.  Venue. 

336.  Writs  — Orders — Judgments  -Lien 

After  Transcript  Filed  in  Circuit 
Court. 

337.  Transcript  Book. 

338.  Transcript  Fees. 

339.  Appeals— Error. 

340.  Fees  of  Jurors— How  Paid. 

341.  Courts  Continued. 

342.  Courts— How  Established. 

343.  Election  of  Judges  and  Clerk. 

344.  Salary. 

345.  Prosecuting  Attorney— Salary. 


AN  ACT  in  relation  to  courts  of  record  in  cities.  [Approved  March 
26,  1874.  In  force  July  1,  1874. 

322.  Style  of  Court — Jurisdiction.]  § 1.  The  sev- 
eral courts  of  record  now  existing  in  and  for  cities,  and  such 
as  may  hereafter  be  established  by  law,  in  and  for  any  city  in 
this  State,  shall  severally  be  styled  “The  City  Court  of  (name 
of  city),”  and  shall  have  concurrent  jurisdiction  with  the  cir- 
cuit courts  within  the  city  in  which  the  same  may  be,  in  all 
civil  cases  and  in  all  criminal  cases  except  treason  and  murder, 
and  in  appeals  from  justices  of  the  peace  in  said  city;  and  the 
course  of  proceedings  and  practice  in  such  courts  shall  be 
the  same  as  in  the  circuit  courts  so  far  as  may  be. 

323.  Seal.]  § 2.  Such  courts  shall  have  a seal,  and 
may,  from  time  to  time,  as  may  be  necessary,  renew  the  same; 
the  expense  of  such  seal,  and  renewing  the  same,  shall  be  paid 
by  the  city  in  which  such  court  is  or  may  be  established. 

324.  Place  of  Holding.  ] § 3.  Such  court  shall  be  held 

at  such  place  in  said  city  as  may  be  provided  by  the  corporate 
authorities  thereof;  but  if  such  place  shall  become  unfit,  or  if 
no  place  shall  be  provided  by  such  authorities,  the  court  may, 
by  an  order  to  be  entered  of  record,  adjourn  to  or  convene  at 


City  Courts. 


i 7.i 

a suitable  place  for  the  holding  of  a court  within  said  city,  and 
at  such  place  may  hold  said  court  until  a suitable  place  there- 
for be  furnished  by  such  corporate  authorities,  the  expense 
whereof  shall  be  borne  by  said  city. 

325.  Stationery.  ] § 4.  All  blanks,  books,  papers, 

stationery  and  furniture  necessary  to  the  keeping  of  a record 
of  the  proceedings  of  such  a court,  and  the  transaction  of  the 
business  thereof,  shall  be  furnished  the  officers  of  such 
court  by  the  corporate  authorities,  at  the  expense  of  the  city. 

326.  Election  and  Qualification  of  Judges — Powers — 
Vacancy.]  § 5.  The  judges  of  such  courts,  respectively, 
shall  be  elected  by  the  qualified  voters  of  such  city  in  the  same 
manner  that  the  city  officers  of  such  city  are  elected,  but  not  at 
the  same  time,  and  shall  hold  their  offices  for  the  term  of  four 
years,  and  until  their  successors  are  elected  and  qualified. 
They  shall  qualify  and  be  commissioned  in  the  same  manner, 
be  vested  with  the  same  powers  and  perform  the  same  duties 
as  circuit  judges,  and  be  styled  “Judge  of  the  City  Court  of 
(name  of  city).”  Vacancies  in  such  office  shall  be  filled  for 
the  unexpired  term,  at  a special  election,  to  be  called  and  held 
by  the  same  authority  and  in  the  same  manner  that  other  city 
elections  may  be  held,  where  such  unexpired  term  exceeds  one 
year;  but  where  the  same  does  not  exceed  one  year,  such  va- 
cancy shall  be  filled  by  appointment  by  the  governor. 

327.  Exchange,  Etc.]  § 6.  Such  judges,  with  like 
privileges  as  circuit  judges,  may  interchange  with  each  other, 
and  with  the  judges  of  circuit  courts,  and  may  hold  court  for 
each  other,  and  perform  each  other’s  duties  when  they  find  it 
necessary  or  convenient. 

328-  Clerks.]  § 7.  There  shall  be  elected,  in  like  man- 
ner as  judges  are  elected,  for  each  of  such  courts,  a clerk,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his 
successor  shall  be  elected  and  qualified.  He  shall  be  commis- 
sioned, have  the  same  powers,  perform  the  same  duties,  be 


172 


Statutes. 


subject  to  the  same  liabilities,  and  be  entitled  to  like  fees  as 
are  now,  or  may  hereafter,  from  time  to  time,  be  provided  by 
law  in  regard  to  circuit  clerks,  in  the  county  in  which  such 
city  may  be  situate.  Vacancies  in  such  office  shall  be  filled, 
for  the  unexpired  term,  at  a special  election,  to  be  called  and 
held  by  the  same  authority  and  in  the  same  manner  that  other 
city  elections  may  be  held,  where  such  unexpired  term  exceeds 
one  year;  but  where  the  same  does  not  exceed  one  year,  such 
vacancy  shall  be  filled  by  the  court:  Provided , that  a clerk 
'pro  tempore , may  be  appointed  by  the  judge  thereof,  when 
necessary. 

329.  Duties  of  Sheriff — State’s  Attorney.]  § 8.  The 

sheriff  and  state’s  attorney  of  the  county  in  which  such  city 
may  be  situate,  shall  each  perform  the  same  duties  in  said 
court,  and  in  respect  thereto  and  the  process  thereof,  and  have 
the  same  powers,  be  subject  to  the  same  liabilities  and  penal- 
ties, and  be  entitled  to  the  same  fees  as  in  the  circuit  court  of 
such  county;  and  the  sheriff  shall  appoint  one  or  more  depu- 
ties for  such  court,  for  the  convenience  of  the  business  there- 
in, who  shall  reside  in  the  city  where  such  court  is  established, 
and  the  judge  of  such  court  shall  have  power  to  appoint  a 
state’s  attorney,  pro  tempore , in  any  of  the  cases  where  the 
circuit  court  or  the  judge  thereof  may  appoint. 

330.  Master  in  Chancery.]  § 9.  A master  in  chanc- 
ery for  such  court  shall  be  appointed  by  the  judge  thereof, 
who  shall  hold  his  office  for  the  same  time,  qualify  in  the  same 
manner,  be  subject  to  the  same  liabilities,  have  the  same  pow- 
ers, perform  the  same  duties  and  be  entitled  to  the  same  fees 
and  compensation  with  respect  to  said  court  and  matters  there- 
in as  other  masters  in  chancery. 

331.  Terms  of  Court.]  § 10.  There  shall  be  two  or 
more  regular  terms  of  such  court  in  each  year  to  be  held  at 
such  times  as  may  be  fixed  by  an  order  of  the  court  from  time 
to  time,  and  entered  of  record,  which  order  shall  be  published 


City  Courts. 


i73 


in  some  newspaper  published  in  such  city  at  least  forty  days 
before  holding  the  first  term  of  court  under  the  same;  and 
said  order  shall  not  be  changed  subsequently,  except  by  an  or- 
der of  court  entered  of  record  at  the  term  preceding  said 
change,  and  published  in  a like  manner.  Special  terms  may 
be  called  and  held  in  the  same  manner  and  with  like  effect  as 
special  terms  of  the  circuit  courts  and  subject  to  the  same  limi- 
tations: Provided , That  in  the  city  of  Chicage,  should  such 
a court  be  established  therein,  there  shall  be  held  a term  of 
such  court  every  month  in  the  year  commencing  upon  the 
first  Monday  of  each  month  and  no  order  of  court  or  publica- 
tion shall  be  necessary  in  order  to  hold  such  terms. 

332.  Adjournments,  Etc.]  § 11.  The  same  rules  in 
regard  to  the  adjournment  of  such  courts  upon  the  non-attend- 
ance of  a judge  thereof,  as  are  or  may  be  provided  by  law  in 
regard  to  circuit  courts,  shall  apply  to  such  courts,  and  the 
said  city  courts  and  the  judges  thereof,  shall  have  the  same 
power,  with  respect  to  adjournments,  as  the  circuit  courts  and 
the  judges  thereof  now  or  hereafter  may  have  by  law,  and  the 
judges  thereof  shall  have  the  same  power,  with  respect  to  ad- 
journments, as  the  circuit  courts  and  the  judges  thereof  now 
or  hereafter  may  have  by  law,  and  the  adjournment  of  a term 
in  such  courts  shall  have  the  like  effect  of  an  adjournment  in 
tne  circuit  courts. 

333.  Appeals  from  Justices  of  the  Peace — Certiorari.] 

§12.  Appeals  may  be  taken  from  the  judgment  of  justices 
of  the  peace  or  police  magistrates  in  such  city  to  the  city 
court,  and  writs  of  certiorari  may  issue  to  remove  causes  from 
before  such  officers  to  the  city  court,  and  there  be  heard  and 
determined  as  in  like  cases  in  the  circuit  court. 

334.  Recognizances — City  Prison,  Etc.]  § 13.  All  re- 
cognizances taken  by  any  justice  of  the  peace,  police  magis- 
trate, or  other  officer  in  the  city,  in  criminal  cases,  when  the 
offense  is  committed  in  the  city,  except  treason  and  murder, 


174 


Statutes. 


may  be  made  returnable  to  the  city  court  of  such  city;  and  in 
all  such  cases  the  defendant  shall  be  temporarily  detained  in 
the  city  prison  or  bridewell,  instead  of  the  county  jail. 

335.  Venue.]  § 14.  Change  of  venue  from  city  courts, 
for  the  same  causes  and  in  the  same  manner,  may  be  taken  as 
from  circuit  courts,  and  the  cases  sent  to  the  circuit  court  of 
the  county,  or  to  some  other  convenient  court  of  record,  where 
the  cause  complained  of  does  not  exist. 

336-  Writs — Orders  — Judgments,  Etc.  — Lien  After 
Transcript  Filed  in  Circuit  Court.]  § 15.  The  writs  and 
process  of  city  courts  shall  be  issued  and  executed  in  the  same 
manner,  and  shall  have  the  same  force  and  effect,  except  as 
limited  by  this  act,  as  the  writs  and  process  of  circuit  courts. 
Orders,  judgments  and  decrees  of  city  courts  shall  have  the 
same  force,  be  of  the  same  effect,  and  be  executed  and  enforced 
in  the  same  manner  as  the  judgments,  orders  and  decrees  of 
circuit  courts;  but  such  judgments  and  decrees  shall  be  a lien 
upon  real  estate  in  such  citv,  and  the  county  wherein  such  city 
is  situate,  only  after  a certified  transcript  of  the  same  shall 
have  been  filed  in  the  office  of  the  circuit  clerk  of  the  county; 
which  transcript  shall  contain  the  names  of  the  parties  to  the 
suit,  the  kind  of  action,  the  amount  of  the  judgment,  or  the  gen- 
eral nature  and  effect  of  the  decree,  as  the  case  may  be,  and 
the  term  and  time  at  which  the  suit  was  disposed  of. 

337.  Transcript  Book.]  § 16.  The  clerk  of  the  circuit 
court  of  the  county  shall  provide  and  keep  in  his  office,  for 
each  city  court  in  his  county,  a well-bound  book  or  books  for 
entering  therein  an  alphabetical  docket  of  all  judgments  and 
decrees  rendered  in  said  city  courts,  as  is  now  required  by 
law  for  docketing  judgments  and  decrees  rendered  in  the  cir- 
cuit court;  and  shall  forthwith,  after  the  filing  of  any  such  cer- 
tificate, enter  the  same  therein,  together  with  the  hour,  day, 
month  and  year  of  the  filing  such  certificate  and  the  general 
number  thereof. 


City  Courts. 


175 


338.  Transcript  Fees.]  § 17.  In  addition  to  the  fees 
now  allowed  by  law,  the  clerk  of  the  said  city  courts  shall  be  al- 
lowed to  charge  and  receive  a fee  of  fifty  cents  for  each  certi- 
fied transcript,  as  aforesaid,  and  the  clerk  of  the  circuit  court 
shall  be  allowed  to  charge  and  receive  a fee  of  fifty  cents  for 
filing  and  entering  the  same. 

339.  Appeals — Error.]  § 18.  Appeals  may  be  taken 
and  writs  of  error  prosecuted  from  city  courts  to  the  supreme 
court,  the  same  as  in  like  cases  from  circuit  courts. 

340-  Fees  of  Jurors — How  Paid.]  § 19.  The  fees  of 
the  grand  and  petit  jurors  of  such  courts  shall  be  paid  out  of 
the  city  treasury  of  the  city  in  which  such  courts  are  respect- 
ivelv  situated,  upon  the  certificate  of  the  clerk  of  the  respect- 
ive courts. 

341.  Courts  Continued.]  § 20.  The  several  courts  of 
record  now  established  in  and  for  cities,  are  hereby  continued, 
under  the  name  and  style  of  “The  City  Court  of  (name  of 
city),”  with  all  the  powers  and  jurisdiction  conferred  by  this 
act. 

342.  Courts — How  Established.]  § 21.  A city  court, 
consisting  of  one  or  more  judges,  not  exceeding  five,  and  not 
exceeding  one  judge  for  every  fifty  thousand  inhabitants,  may 
be  organized  and  established  under  this  act  in  any  city  which 
contains  at  least  three  thousand  inhabitants,  whenever  the 
common  or  city  council  shall  adopt  an  ordinance  or  resolution, 
to  submit  the  question  whether  such  court  shall  be  established, 
consisting  of  one  or  more  judges,  not  exceeding  five,  as  may 
be  specified  in  such  ordinance  or  resolution,  to  the  qualified 
voters  of  such  city,  and  two-thirds  of  the  votes  cast  at  the 
election  shall  be  in  favor  of  the  establishment  of  such  court. 
Where  such  court  is  established  with  more  than  one  judge, 
each  judge  may  hold  a separate  branch  thereof,  at  the  same 
time,  and  when  holding  such  separate  branch,  each  judge  may 
exercise  all  the  powers  vested  in  such  courts.  Such  elections 


i7  6 


Statutes. 


shall  be  held  and  conducted,  the  returns  thereof  made  and 
canvassed,  and  the  result  declared  in  the  same  manner  as  other 
city  elections.  To  discontinue  and  disestablish  any  such  court, 
precisely  the  same  modes  of  procedure  shall  be  requisite  and 
necessary  and  be  resorted  to  as  for  the  organization  of  such 
court.  In  the  event  of  the  discontinuance  and  disestablish- 
ment of  any  such  court,  the  clerk  thereof  shall  transfer  and 
deliver  to  the  circuit  court  of  the  county  in  which  such  city 
court  is  situated,  all  records,  judgments  and  processes  in  pos- 
session of  himself  or  of  any  other  officer  of  said  city  court,  and 
the  circuit  court  shall  thereupon  acquire  and  be  vested  with 
jurisdiction  in  the  matters  to  which  said  records,  judgments 
or  process  relate,  and  may  be  dealt  with  as  original  records 
of  such  circuit  court:  Provided , it  shall  be  lawful  for  the  city 
council  in  any  city  where  a city  court  has  been  established 
under  this  act,  and  there  is  no  judge  or  clerk  of  such  court  re- 
siding within  such  city,  and  such  court  has  ceased  to  do  busi- 
ness for  two  years  or  more,  to  pass  an  ordinance  or  resolution 
abolishing  such  court  and  authorize  the  city  clerk  of  such  city 
to  transfer  and  deliver  the  records,  judgments  and  process  of 
such  court  to  the  circuit  court  of  the  county  in  which  such  city 
is  situated  in  like  manner  and  with  like  effect  as  if  such  had 
been  transferred  by  the  clerk  of  such  city  court.  [As  amended 
by  act  approved  June  5,  1889.  In  force  July  1,  1889. 

343-  Election  of  Judge  and  Clerk.]  § 22.  Whenever 
the  establishment  of  a city  court  shall  be  authorized,  as  pro- 
vided in  the  foregoing  section,  it  shall  be  the  duty  of  the  cor- 
porate authorities  to  order  an  election  forjudge  and  clerk;  and 
when  the  judge  and  clerk  shall  be  duly  elected,  qualified  and 
commissioned,  such  court  shall  be  deemed  organized  and  es- 
tablished according  to  law. 


City  Courts. 


177 


AN  ACT  concerning  fees  and  salaries,  and  to  classify  the  several  coun- 
ties of  this  State  with  reference  thereto.  [Approved  March  29, 
1872.  In  force  July  1,1872.  L.  1871-2,  p.  420.  Title  as  amended 
by  act  approved  March  28,  1874.  In  force  July  1,  1874. 

344.  Salary.]  § 5.  Judges  of  inferior  courts  of  record 
in  towns  and  cities  shall  be  allowed,  and  receive  in  lieu  of,  all 
other  fees,  perquisites  or  benefits  whatsoever,  in  cities  or  towns 
having  a population  not  exceeding  five  thousand  (5,000)  in- 
habitants, five  hundred  dollars  ($500)  ; and  in  cities  or  towns 
having  more  than  five  thousand  (5,000)  inhabitants,  fifteen 
hundred  dollars  ($1,500),  to  be  .paid  out  of  the  city  or  town 
treasury:  Provided , that  in  cities  having  a population  of  one 
hundred  thousand  (100,000)  or  more,  the  city  or  common 
council  may  give  such  additional  compensation,  to  be  paid  out 
of  the  city  or  town  treasury,  to  the  judge  or  judges  of  such 
court,  as  shall  be  deemed  reasonable,  not  exceeding  a sum  suf- 
ficient to  make  the  entire  salary  five  thousand  dollars  ($5,000), 
which  additional  compensation  shall  be  fixed  prior  to  the  elec- 
tion of  such  judge  or  judges,  and  shall  be  provided  for  in  the 
annual  appropriation  ordinance  of  each  year,  and  shall  not  be 
increased  or  diminished  during  the  term  of  office  of  such  judge 
or  judges.  County  judges  shall  be  allowed  such  salary  as 
shall  be  fixed  by  their  respective  boards,  to  be  paid  out  of  the 
county  treasury. 

345.  Prosecuting  Attorneys — Salary.]  § 6.  That  each 
prosecuting  attorney  of  such  inferior  court,  other  than  the 
state’s  attorney,  shall  be  allowed  and  receive  in  full  compensa- 
tion for  all  services  rendered  as  prosecuting  attorney  of  such 
court,  an  annual  salary  of  $250,  to  be  paid  by  the  town  or 
city. 


i78 


Statutes. 


ii.  DRAINAGE  AND  SEWERAGE. 


Section. 

346.  Empowered  to  Construct  Drains,  Etc. 

347.  Drainage  Improvements  by  Special 

Assesments. 

348.  Proceedings  iD. 


Section. 

349.  May  Contract  for  Sewerage,  Etc. 

350.  How  Contract  Made. 

351.  Sewerage  Fund  Tax. 


AN  ACT  to  vest  the  corporate  authorities  of  cities  and  villages  with 
power  to  construct,  maintain  and  keep  in  repair  drains,  ditches, 
levees,  dykes  and  pumping  works  for  drainage  purposes  by  spe- 
cial assessment  upon  the  property  benefitted  thereby.  [Approved 
June  22,  1885.  In  force  July  1,  1885. 

346-  Empowered  to  Construct  Drains,  Etc.]  § 1. 

That  the  corporate  authorities  of  cities  and  villages  are  here- 
by vested  with  power  to  construct  drains,  ditches,  levees  and 
dykes,  to  erect  pumping  works,  and  to  acquire  the  necessary 
and  and  machinery  for  such  purposes,  and  otherwise  to  pro- 
vide for  draining  any  portion  of  the  lands  within  their  corpo- 
rate limits,  by  special  assessment  upon  the  property  benefited 
thereby. 

347.  Drainage  Improvements  by  Special  Assess- 
ments.] § 2.  That  the  corporate  authorities  of  cities  and 
villages  are  hereby  vested  with  the  power  to  maintain  and 
keep  in  repair  such  drains,  ditches,  levees,  dykes,  pumping 
works  and  machinery  and  such  drainage  improvement  by  spe- 
cial assessment  upon  the  property  benefited  thereby:  Pro- 
vided, that  no  lot,  block,  tract  or  parcel  of  land  shall  be  as- 
sessed more  than  once  in  any  one  year  for  such  maintenance 
and  repair. 

348-  Proceedings  In.J  § 3.  All  the  proceedings  for 
the  making  of  the  improvements  in  this  act  mentioned,  and  for  the 
maintenance  and  repair  thereof,  and  for  the  levy  and  collection 
of  the  special  assessments  to  defray  the  cost  of  the  same,  shall 
be  in  accordance  with  the  provisions  of  article  nine  of  the  gen- 
eral act  for  the  incorporation  of  cities  and  villages,  approved 
April  10,  1872. 


Bridges  and  Sewerage. 


179 


AN  ACT  to  entitle  cities,  towns  and  villages  to  contract  with  each 
other  for  sewerage.  [Approved  May  14,  1879.  In  force  July  1, 
1879. 

349-  May  Contract  for  Sewerage,  Etc.]  § 1.  That 
whenever  anv  city,  or  incorporated  town  or  village,  shall  be 
adjacent  or  contiguous  to  any  other  city  or  incorporated  town 
or  village,  they  shall  be  authorized  to  contract  with  each  other 
upon  such  terms  as  may  be  agreed  upon  between  them,  to  al- 
low and  permit  the  one  the  use  and  benefit  of  any  sewer  or 
drain,  or  of  any  system  of  sewerage  or  drainage  heretofore 
constructed,  or  which  may  be  hereafter  constructed  by  the 
other,  and  further  that  any  such  sewer  or  drain  or  system  of 
sewerage  or  drainage  constructed  or  which  may  hereafter  be 
constructed  by  the  one,  may  be  extended  or  furnished  to  the 
inhabitants  of  the  other,  and  they  may  by  contract  with  each 
other  provide  for  the  joint  construction  of  any  sewer  or  drain 
by  the  municipalities  so  contracting,  and  for  the  common  use 
thereof  by  the  inhabitants  of  such  municipalities. 

350.  How  Contract  made.]  § 2.  The  contract  con- 

templated in  section  one  of  this  act  may  be  made  by  ordi- 
nance or  resolution  duly  enacted  or  passed  by  the  common 
council,  board  of  trustees,  or  other  proper  legislative  authority 
of  the  city,  or  incorporated  town  or  village  proposing  such 
contract,  and  ratified  or  assented  to  by  ordinance  or  resolution 
duly  enacted  or  passed  by  the  common  council,  board  of  trus- 
tees, or  other  proper  legislative  authority  of  the  city  or  incor- 
porated town  or  village  confirming  or  agreeing  to  such  con- 
tract, and  every  such  contract  when  ratified  *or  confirmed  by 
the  proper  corporate  authorities  of  the  municipal  corporations 
who  are  parties  thereto,  shall  be  in  all  respects  valid  and  bind- 
ing. 


Statutes. 


180. 


AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and 
water- works  in  the  cities  of  this  State,  that  may  have  established 
a system  of  sewerage  and  water-works  for  such  city,  and  to  re- 
peal an  act  therein  named,  and  to  authorize  the  cities,  villages 
and  incorporated  towns  of  this  State  to  levy  and  collect  taxes 
to  pay  for  water  and  light.  [Approved  June  21,  1883.  In  force 
July  1,  1883. 

351.  Sewerage  Fund  Tax  ] § i.  That  the  legislative 

authority  of  any  city  which  now  has,  or  may  hereafter  have, 
established  a system  of  sewerage  for  such  city  shall  have 
power  annually  to  levy  and  collect  a tax  upon  the  taxable  real 
and  personal  estate  of  such  city,  not  to  exceed  one  mill  on  the 
dollar,  for  the  extension  and  laying  of  sewers  therein,  and  the 
maintenance  of  such  sewers,  which  tax  shall  be  known  as 
“The  sewerage  fund  tax,”  and  shall  be  levied  and  collected  in 
the  same  manner  that  other  general  taxes  of  any  such 
city  are  levied  and  collected:  Provided , however , that  the 
board  of  public  works  of  such  city,  if  any,  or  the  head  of  the 
sewer  department  of  such  city,  shall  first  certify  to  such  legis- 
lative authority  the  amount  that  will  be  necessary  for  such 
purpose:  Provided  further , that  a two-thirds  majority  of 
all  the  members  elect  of  the  legislative  authority  of  such  city 
may  levy  a tax  for  such  purposes  not  to  exceed  three  mills  on 
each  dollar  of  the  taxable  property  of  such  city:  And  pro- 
vided, such  “ sewerage  fund  tax”  shall  not  be  included,  prior 
to  the  year  1891,  in  the  aggregate  amount  of  taxes  as  limited 
by  section  one  ( t)  of  article  eight  (8)  of  “ An  act  for  the  in- 
corporation of  cities  and  villages,”  approved  April  10,  1872. 
[As  amended  by  act  approved  and  in  force  March  22,  1889. 


12.  ELECTIONS. 


Section. 

352.  Oath  of  Judges. 

353.  By  Whom  Administered. 

354.  Manner  of  Giving  Notice. 

355.  Sheriff  or  Supervisor  to  Post. 

356.  Time  of  Opening  and  Closing  Polls. 

357.  Proclamation. 


Locked — Keys. 

359.  Poll  List — How  Kept. 

360.  Form  of  Ballot. 

361.  Form  of  Cumulative  Ballot. 

362.  Manner  of  Receiving  and  Depositing 


Section. 

358.  Ballot  Box  Publicly  Exhibited,  etc. — 


Ballot. 


Elections. 


181 


Section. 

363.  No  Adjournment  or  Recess. 

364.  Clerks  of  Election. 

365.  Irregular  Ballot. 

366.  Ballots  Strung  and  Returned— When 

Destroyed. 

367.  Examination  of  Ballot  in  Contested 

Election. 

368.  Form  of  Return. 

369.  Compensation  of  Judges  and  Clerks. 

370.  Challengers. 

371.  Who  May  Vote. 

372.  Residence. 

373.  When  Inmates  of  Poor  House,  Asy- 

lum, etc.,  May  Vote. 

374.  Inmates  of  Soldiers’  and  Sailors’ 

Homes. 

375.  Affidavit  of  Qualification. 

376.  Affidavit  of  Witness. 

377.  Who  May  Administer  Oath. 

378.  Convicts  —Disqualifications. 

379.  Liquor. 

380.  False  Swearing. 

381.  Illegal  Voting. 

382.  Other  Offenses. 

383.  Receiving  Bribe,  etc. 

384.  Disorderly  Conduct. 

385.  Betting  on  Election. 

386.  Offenses  of  Judge  of  Election. 

387.  When  Judge  or  Clerk  Ascertains  or 

Discloses  Vote. 

383.  When  Other  Person  Ascertains  or 
Discloses  Vote. 

389.  Neglect  of  Duty  bv  Clerk. 

390  Failure  to  Deliver  Poll  Books,  etc. 

391.  Fraud  in  Canvassing. 

392.  Carrying  Away,  Defacing,  etc.,  Poll 

Books,  etc. 

393.  When  Legislature  to  Hear  Contested 

Election. 

394.  Senators  and  Representatives. 

395.  By  Supreme  Court. 

396.  By  Circuit  Court. 

397.  By  County  Court. 

398.  Election  of  State  Officers— Petition  of 

Contestant. 

399.  Joint  Committee  to  Take  Testimony. 

400.  Powers  of  Joint  Committee. 

401.  Notice. 

402.  Testimony. 

403.  Report  of  Committee  — Hearing— De- 

cision. 

404.  Who  May  Contest  Senator  or  Repre- 

sentative. 

405.  Notice  of  Contest. 

406.  Testimony — How  Taken. 

407.  Power  of  Officer  Taking  Testimony. 


Section. 

408.  Depositions,  etc.,  to  be  sent  to  Secre- 

tary of  State. 

409.  Delivery  of  Notice  of  Contest— Duty 

of  Presiding  Officer. 

410.  Rights  of  Either  House  Reserved. 

41 1.  Who  May  Contest  Election  of  Other 

Officers 

412.  Contestant  to  File  Statement. 

413.  Summons. 

414.  Evidence. 

415.  Trial. 

416.  Other  Elections  Contested. 

417.  When  Elector  May  Defend  for  County. 

418.  Judgment. 

4 '9-  Tie. 

420.  Certified  Copy  of  Judgment. 

421.  When  Election  Adjudged  Void. 

422.  Appeal. 

423.  Board  of  Registration— Meeting— Reg- 

ister. 

424.  Manner  of  Making  Register,  etc. — 

First  Meeting. 

425.  New  Election  Districts. 

426.  Revision  Register — Second  Meeting. 

427.  Proceedings  Open— Corrections. 

428.  Revising  Register —Addition  of  New 

Names. 

429.  Copies  of  Register— Filing— Deliver  to 

Judges— Voting — Swearing  in  Vote, 
etc. 

430.  Entry  011  Register  by  Clerks — Non- 

Registered  Voter — Penalty. 

431.  Poll  List  and  Register  to  be  Filed. 

432.  Register  Open  to  Inspection. 

433.  Compensation. 

434.  Preserving  Order. 

435.  Fraudulent  Registration,  False  Swear- 

ing, etc. 

436.  Blanks  to  be  Furnished. 

437.  Time  Act  Takes  Effect. 

438.  Printing  and  Distribution  of  Ballots. 

439.  Printing.  How  Paid  For— “General” 

and  “City”  Election  Defined. 

440.  Nominations. 

441.  Certificates  of  Nominations. 

442.  Nominations  by  Groups  of  Voters. 

443.  Certificate,  When  and  Where  Filed. 

444.  Form  of  Certificates. 

445.  Withdrawal  of  Candidate— Certificates 

Open  to  Inspection— Preservation  of 
Papers. 

446.  Vacancies  in  Nominations  — How 

Filled. 

447.  Objections  to  Certificates. 

448.  Nominations  Certified  to  County 

Clerk  for  Printing. 

449.  New  Ballots  in  Case  of  Vacancy. 

450.  Nominations  Certified  to  Clerk. 


182 


Statutes. 


Section. 

451.  Ballots — Form  of. 

452.  Ballots— Distribution  of. 

453.  Constitutional  Amendment,  etc.  — 

Form  ot  Submission. 

454.  For  General  Assembly— Form  of  Bal- 

lot. 

455.  Cards  of  Instruction.  # 

456.  Posting  Cards  of  Instruction  and  Spec- 

imen Ballots. 

457.  Judges  of  Flection  to  Furnish  Ballots. 

458.  Booths,  etc, 

459.  Ballots  from  Judges  — Registration- 

Challenge. 

460.  Preparation  of  Ballot. 

461.  Officers  at  Each  Poll  to  Assist. 

462.  Employes  to  be  Given  Time  to  Vote. 

463.  Defective  Ballot,  etc. 

464.  Canvass  — Proclamation— Preservation 

of  Ballots. 

465.  Electioneering  Prohibited — Penalty. 

466.  Ballots  Secret  — Interference  With 

Voter — Penalty. 

467.  Destroying  Posters,  etc.  — Hindering 

Voter— Penalty. 

468.  Destroying  Nomination  Paper— Coun- 

terfeit Ballot— Penalty. 

469.  Official  Neglect — Penalty. 

470.  This  Act  in  Pamphlet  With  Forms 

and  Instructions. 

471.  Opening  and  Closing  Polls. 

472.  Repeal. 

473.  Act  to  be  Printed  in  Newspapers. 

474.  When  Primary  Elections  to  be  Held 

Under  this  Act. 

475.  Desire  Must  be  Expressed  by  a Reso- 

lution. 


Section. 

476.  Committee— Time  and  Place  of  Elec- 

tion. 

477.  Notice  of  Election  Under  This  Act  - 

What  to  Contain. 

478.  Judges — Clerks—  Oath  — Duties  — Pen- 

alty. 

479.  Who  May  Vote  — Commissioners  — 

Uists— Penalty  for  Voting  Contrary 
to  This  Act. 

480.  Committee  to  Divide  District— Num- 

ber of  Voters  in. 

481.  Judges  May  Hear  Objections— Oath — 

Registered  Voter-  Challenge  — Pen- 
alty. 

482.  Offenses  and  Penalties. 

483.  Qualifications,  Limitation  on— Chal- 

lengers—Poll  List. 

484.  Form  of  Poll  and  Tally  Lists. 

185.  Oaths. 

486.  How  Ballots  Printed. 

487.  Ballot  Box— How  Kept. 

488.  Proclamation. 

489.  Closing  Polls. 

490.  Canvass— How  Made. 

491.  Judges  Conducting  the  Canvass. 

492.  Judges’  Certificate  to  Tally  List. 

493.  Count  of  Ballots. 

494.  Poll  Lists— What  to  Show. 

495.  Certificate  of  Result. 

496.  Deposit  of  Poll  and  Tall}'  Lists. 

497.  Certificate  to  Successful  Candidates. 

498.  Penalties,  Not  Otherwise  Declared. 

499.  Repeal. 

500.  Primary  Election— Who  May  Vote  at. 

501.  Violating  Act — Penalty. 


AN  ACT  in  regard  to  elections  and  to  provide  for  filling  vacancies  in 
elective  offices.  [Approved  April  3,  1872.  In  force  July  1, 1872. 

OATH  OF  JUDGES  AND  CLERKS  OF  ELECTION. 

352.  Oath.]  § 38.  Previous  to  any  vote  being  taken, 
the  judges  and  clerks  of  the  election  shall  severally  subscribe 
and  take  an  oath  or  affirmation,  in  the  following  form,  to-wit: 

“I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the  constitu- 
tion of  the  United  States  and  the  constitution  of  the  State  of  Illinois,  and  that  I will  faith- 
fully discharge  the  duties  of  the  office  of  judge  of  election  (or  clerk,  as  the  case  may  be,) 
according  to  the  best  of  my  ability,  and  that  I have  resided  in  this  election  district  for  one 
year  next  preceding  this  e ection,  and  am  entitled  to  vote  at  this  election.” 

[As  amended  by  act  approved  June  22,  1885.  In  force 
July  1,  1885. 


Elections. 


183 


353.  By  Whom  Administered.]  § 39.  In  case  there 
shall  be  no  judge  or  justice  of  the  peace  present  at  the  open- 
ing of  the  election,  or  in  case  such  judge  or  justice  shall  be  ap- 
pointed a judge  or  clerk  of  election,  it  shall  be  lawful  for  the 
judges  of  the  election  to  administer  the  oath  or  affirmation  to 
each  other,  and  to  the  clerks  of  the  election;  and  the  person 
administering  such  oath  or  affirmation,  shall  cause  an  entry 
thereof  to  be  made  and  subscribed  by  him,  and  prefixed  to 
each  poll  book. 


NOTICE  OF  ELECTION. 

354.  Manner  of  Giving  Notice.]  § 46.  At  least  thirty 
days  previous  to  any  general  election,  and  at  least  twenty  days 
previous  to  any  special  election,  except  in  cases  otherwise 
provided  for,  the  county  clerk,  in  counties  not  under  township 
organization,  shall  make  out  and  deliver  to  the  sheriff  of  his 
county,  or  in  counties  under  township  organization  to  the  sev- 
eral supervisors  of  his  county,  three  notices  thereof  for  each 
precinct  or  district  in  which  the  election  in  such  county  is  to 
be  held.  The  notice  may  be  substantially  as  follows: 

Notice  is  hereby  given,  that  on  (give  the  date),  at  (give  the  place  cf  holding  the  elec- 
tion and  the  name  of  the  precinct  or  district),  in  the  county  of  (name  of  county),  an  elec- 
tion will  be  held  for  (give  the  title  of  the  several  offices  to  be  filled),  which  election  will  be 
opened  at  eight  o’clock  in  the  morning  and  continued  open  until  seven  o’clock  in  the  aft- 
ernoon of  that  day. 

Dated  at , this day  of in  the  year  of  our  T ord  one  thousand 

eight  hundred  and A B,  County  Clerk. 

355.  Sheriff  or  Supervisor  to  Post.]  §47.  The  said 
sheriff  or  supervisor  to  whom  the  notices  are  delivered,  shall 
post  up,  in  three  of  the  most  public  places  in  each  precinct  or 
district,  the  three  notices  therefor  at  least  fifteen  days  before 
the  time  of  holding  a general  election,  and  at  least  eight  days 
before  the  time  of  holding  a special  election. 

356.  Time  of  Opening  and  Closing  Polls.  | § 48.  The 

polls  shall  be  opened  at  the  hour  of  eight  o’clock  in  the  morn- 
ing and  continued  open  until  seven  o’clock  in  the  afternoon  of 
the  same  day,  at  which  time  the  polls  shall  be  closed;  but  if  the 
judges  shall  not  attend  at  the  hour  of  eight  o’clock  in  the 


184 


Statutes. 


morning,  or  if  it  shall  be  necessary  for  the  electors  present  to 
appoint  judges  to  conduct  the  election,  as  hereinbefore  pre- 
scribed, the  polls  may,  in  that  case,  be  opened  at  any  hour  be- 
fore the  time  for  closing  the  same  shall  arrive,  as  the  case  may 
require. 

357.  Proclamation.]  § 49.  Upon  opening  the  polls 
one  of  the  clerks  or  judges  of  election  shall  make  proclama- 
tion of  same,  and  at  least  thirty  minutes  before  the  closing  of 
the  polls  proclamation  shall  be  made  in  like  manner  that  the 
polls  will  be  closed  in  half  an  hour. 

358.  Ballot  Box  Publicly  Exhibited,  Etc. — Locked — 

Keys.]  § 50.  Before  any  ballot  shall  be  deposited  in  the 
ballot  box,  the  ballot  box  shall  be  publicly  opened  and  exhibited, 
and  the  judges  and  clerks  shall  see  that  no  ballot  is  in  such 
box;  after  which  the  box  shall  be  locked  and  the  key  delivered 
to  one  of  the  judges,  and  shall  not  be  again  opened~until  the 
close  of  the  polls. 

359.  Poll  Lists — How  Kept.]  §51.  Each  clerk  of  the 
election  shall  keep  a poll  list,  which  shall  contain  a column 
headed  “number,”  and  another  headed  “names  of  voters.” 
The  name  of  each  elector  voting  shall  be  entered  upon  each 
of  the  poll  books  by  the  clerks,  in  regular  succession,  under 
the  proper  headings,  and  the  number  of  such  voter  placed  op- 
posite his  name  in  the  column  headed  “number.” 

360-  Form  of  Ballot.]  § 53.  The  names  of  all  candi- 
dates for  which  the  elector  intends  to  vote  shall  be  written  or 
printed  upon  the  same  ballot,  and  the  office  to  which  he  de- 
sires each  to  be  elected  shall  be  designated  upon  the  ballot. 

361.  Form  of  Cumulative  Ballot.]  § 54.  In  voting 
for  representatives  to  the  general  assembly,  if  the  voter  in- 
tends to  give  more  than  one  vote  to  any  candidate,  he  shall 
express  his  intention  on  the  face  of  the  ballot,  in  words  or  fig- 
ures, which  may  be  done  in  either  of  the  following  forms: 
A B,  C D,  E F,  which  shall  be  held  to  mean  one  vote  for  each 


Elections.  185 

candidate  named;  or  A B 1^  votes,  C D \y2  votes;  or  A B 
2 votes,  C D 1 vote;  or  A B 3 votes. 

362.  Manner  of  Receiving  and  Depositing  Ballots.] 

§ 55.  The  ballot  shall  be  folded  by  the  voter  and  delivered 
to  one  of  the  judges  of  election;  and  if  the  judges  be 
satisfied  that  the  person  offering  the  vote  is  a legal  voter,  the 
clerks  of  election  shall  enter  the  name  of  the  voter,  and  his 
number,  under  the  proper  heading  in  the  poll  book?,  and  the 
judges  shall  indorse  on  the  back  of  the  ticket  offered  the  num- 
ber corresponding  with  the  number  of  the  voter  on  the  poll 
books,  and  shall  immediately  put  the  ticket  into  the  ballot  box. 

363.  No  Adjournment  or  Recess.]  § 56.  After  the 
opening  of  the  polls  no  adjournment  shall  be  had,  nor  shall 
any  recess  be  taken,  until  all  the  votes  cast  at  such  election 
shall  have  been  counted  and  the  result  publicly  announced. 

364.  Clerks  of  Election.]  § 57-  Immediately  upon 
closing  the  polls,  the  judges  shall  proceed  to  canvass  the  votes 
polled.  They  shall  first  count  the  whole  number  of  ballots  in 
the  box.  If  two  or  more  ballots  are  folded  together  so  as  to 
appear  to  have  been  cast  by  the  same  person,  all  of  the  ballots 
so  folded  together  shall  be  marked  and  returned  with  the  other 
ballots  in  the  same  condition,  as  near  as  may  be,  in  which  they 
were  found  when  first  opened,  but  shall  not  be  counted.  If 
the  remaining  ballots  shall  be  found  to  exceed  the  number  of 
names  entered  on  each  of  the  poll  lists,  they  shall  reject  the 
ballots,  if  any  be  found  upon  which  no  number  is  marked;  if  the 
number  of  ballots  still  exceeds  the  number  of  names  entered 
on  each  of  the  poll  lists,  said  ballots  shall  be  replaced  in  the 
box,  and  the  box  closed  and  well  shaken  and  again  opened, 
and  one  of  the  judges  shall  publicly  draw  out  and  destroy  so 
many  ballots  unopened  as  shall  be  equal  to  such  excess;  and 
the  number  of  the  ballots  agreeing  with  the  poll  lists,  or  being 
made  to  agree,  the  board  shall  then  proceed  to  count  and  esti- 
mate and  publish  the  votes;  and  when  the  judges  of  election 


Statutes. 


i 86 

shall  open  and  read  the  tickets,  each  clerk  shall  carefully  and 
correctly  mark  down  upon  the  tally  lists  the  votes  each  candi- 
date has  received,  in  a separate  column  prepared  for  that  pur- 
pose, with  the  name  of  such  candidate  at  the  head  of  such 
column,  and  the  office  designated  by  the  votes  such  candidate 
shall  fill.  The  votes  shall  be  canvassed  in  the  room  or  place 
where  the  election  is  held,  and  the  judges  shall  not  allow  the 
ballot  box,  or  any  of  the  ballots,  or  either  of  the  poll  lists,  or 
either  of  the  tally  papers  to  be  removed  or  carried  away  from 
such  room  or  place,  until  the  canvass  of  the  votes  is  com- 
pleted, and  the  returns  carefullv  enveloped  and  sealed  up  as 
provided  by  law.  [As  amended  by  act  approved  June  22, 
1885.  In  force  July  1,  1885. 

365.  Irregular  Ballots.]  § 58.  If  more  persons  are 
designated  for  any  office  than  there  are  candidates  to  be 
elected,  or  if  more  votes  or  parts  of  votes  are  designated  on 
any  ballot  for  representatives  than  the  voter  is  entitled  to  cast, 
such  part  of  the  ticket  shall  not  be  counted  for  either  of  the 
candidates. 

366.  Ballots  Strung  and  Returned — When  Destroyed.  | 

§ 59.  All  the  ballots  counted  by  the  judges  of  election  shall, 
after  being  read,  be  strung  upon  a strong  thread  or  twine,  in 
the  order  in  which  they  have  been  read,  and  shall  then  be 
carefully  enveloped  and  sealed  up  by  the  judges,  who  shall  di- 
rect the  same  to  the  officer  to  whom  by  law  they  are  required 
to  return  the  poll  books,  and  shall  be  delivered,  together  with 
the  poll  books,  to  such  officer,  who  shall  carefully  preserve 
said  ballots  for  six  months,  and  at  the  expiration  of  that  time 
shall  destroy  them  by  burning,  without  the  package  being 
previously  opened:  Provided , if  any  contest  of  election  shall 
be  pending  at  such  time  in  which  such  ballots  may  be  required 
as  evidence,  the  same  shall  not  be  destroyed  till  such  contest  is 
finally  determined. 


Elections. 


i87 


367.  Examination  of  Ballot  in  Contested  Election.] 

§ 60.  In  all  cases  of  contested  election,  the  parties  contesting 
the  same  shall  have  the  right  to  have  the  said  package  of  bal- 
lots opened,  and  said  ballots  referred  to  by  witnesses  for  the 
purpose  of  such  contest.  But  said  ballot  shall  only  be  so  ex- 
amined and  referred  to  in  the  presence  of  the  officer  having 
the  custody  thereof. 

368.  Form  of  Return.]  § 61.  When  the  votes  shall 
have  been  examined  and  counted,  the  clerks  shall  set  down  in 
their  poll  books  the  name  of  every  person  voted  for,  written 
at  full  length,  the  office  for  which  such  person  received  such 
votes,  and  the  number  he  did  receive,  the  number  being  ex- 
pressed in  words  at  full  length ; such  entry  to  be  made,  as 
nearly  as  circumstances  will  admit,  in  the  following  form,  to- 
wit: 

At  an  election  held  at  . ....  in  the  county  ot and  State  of  Illinois,  on  the 

day in  the  year  of  our  Lord  one  thousand  eight  hundred  and  . . . , 

the  following  named  oersons  received  the  number  of  votes  annexed  to  their  respective 
names,  for  the  following  described  offices,  to-wit:  (name  of  candidate)  had  (number  of 
votes)  for  (.title  of  office),  (and  in  the  same  manner  for  any  other  persons  voted  for.)  Cer- 
tified by  us.  A BA 

O D,  > Judges  of  Election. 

E F,j 

369.  Compensation  of  Judges  and  Clerks.]  § 63. 

The  judges  and  clerks  of  election  shall  be  allowed  the  sum  of 
$3  each  per  day  for  their  services  in  attending  each  election, 
and  the  judge  who  carries  the  said  returns  to  the  county  clerk 
shall  also  receive  five  cents  per  mile,  each  way. 

370.  Challengers.]  § 64.  The  judges  of  election  shall 
allow  at  least  one,  and  not  more  than  two  legal  voters  of  each 
party  to  the  contest,  to  be  chosen  by  the  parties  respectively, 
into  the  room  where  the  election  is  held,  to  act  as  challengers 
of  voters  at  such  election;  and  such  challengers  may  remain 
with  the  board  of  election  until  the  votes  are  all  canvassed 
and  the  result  declared. 

QUALIFICATION  OF  VOTERS. 

371*  Who  May  Vote.]  § 65.  Every  person  having  re- 
sided in  this  State  one  year,  in  the  county  ninety  days,  and  in 


Statutes. 


188 

the  election  district  thirty  days  next  preceding  any  election 
therein,  who  was  an  elector  in  this  State  on  the  first  day  of 
April,  in  the  year  of  our  Lord  1848,  or  obtained  a certificate 
of  naturalization  before  any  court  of  record  in  this  State  prior 
to  the  first  day  of  January,  in  the  year  of  our  Lord  1870,  or 
who  shall  be  a male  citizen  of  the  United  States,  above  the 
age  of  twenty-one  years,  shall  be  entitled  to  vote  at  such 
election. 

372-  Residence. J § 66.  A permanent  abode  is  neces- 
sary to  constitute  a residence  within  the  meaning  of  the  pre- 
ceding section. 

(1)  AN  ACT  to  prevent  illegal  voting  by  paupers  and  others  in  this 

State.  [Approved  May  25,  1877.  In  force  July  1,  1877. 

373.  When  Inmates  of  Poor-Houses,  Asylums,  Etc., 
May  Vote.j  § 1.  That  no  pauper  or  inmate  of  any  county 
poor-house,  insane  asylum  or  hospital  in  this  State,  shall  by 
virtue  of  his  abode  at  such  county  poor-house,  insane  asylum 
or  hospital  be  deemed  a resident  or  legal  voter  in  the  town, 
city,  village  or  election  district  or  precinct  in  which  such  poor- 
house,  insane  asylum  or  hospital  may  be  situated;  but  every 
such  person  shall  be  deemed  a resident  of  the  town,  city,  vil- 
lage or  election  district  or  precinct  in  which  he  resided  next 
prior  to  becoming  an  inmate  of  such  county  poor-house,  in- 
sane asylum  or  hospital. 

(2)  AN  ACT  to  enable  inmates  of  soldiers’  and  sailors’  homes  within 

the  State  of  Illinois  to  vote  at  elections.  [Approved  June  16, 

1887.  In  force  July  1,  1887. 

374.  Inmates  of  Soldiers’  and  Sailors’  Homes.]  § 1. 

That  every  honorably  discharged  soldier  or  sailor  who  shall 
have  been  an  inmate  of  any  soldiers’  and  sailors’  home  within 
the  State  of  Illinois  for  ninety  days  or  longer,  and  who  shall 
have  been  a citizen  of  the  United  States  and  resided  in  this 
State  one  year,  in  the  county  where  any  such  home  is  located 
ninety  days,  and  in  the  election  district  thirty  days  next  pre- 


Elections. 


189 


ceding  any  election  shall  be  entitled  to  vote  in  the  election  dis- 
trict in  which  any  such  soldiers’  and  sailors’  home  in  which 
he  is  an  inmate  thereof  as  aforesaid,  is  located,  for  all  officers 
that  now  are  or  hereafter  may  be  elected  by  the  people,  and 
upon  all  questions  that  may  be  submitted  to  the  vote  of  the 
people:  Pi'ovided , that  he  shall  declare  upon  oath,  if  re- 

quired so  to  do  by  any  officer  of  election  in  said  district,  that 
it  was  his  bona  fide  intention  at  the  time  he  entered  said  home 
to  become  a resident  thereof. 

375.  Affidavit  of  Qualification.]  § 67.  Whenever,  at 
any  general  or  special  election,  in  any  precinct,  district,  city, 
village,  town  or  ward,  any  person  offering  to  vote  is  not  per- 
sonally known  to  the  judges  of  election  to  have  the  qualifica- 
tions mentioned  in  the  two  preceding  sections,  if  his  vote  is 
challenged  by  a legal  voter  at  such  election,  he  shall  make 
and  subscribe  an  affidavit,  in  the  following  form,  which  shall 
be  retained  by  the  judges  of  election;  and  returned  by 
them  with  the  poll  books: 


State  of  Illinois, 
County  of  Cook. 


I, do  solemnly  swear  (or  affirm)  that  I am  a citizen  of  the  United  States,  (or, 

“that  I was  an  elector  on  the  first  day  of  April,  A.  D.  1848,”  or,  “that  I obtained  a certifi- 
cate of  naturalization  before  a court  of  record  in  this  state  prior  to  the  first  day  of  January, 
A.  D.  1870,’’  (as  the  case  may  be,)  that  I have  resided  in  this  state  one  year,  in  this  county 
ninety  days,  and  in  this  election  district  thirty  days  next  preceding  this  election;  that  I 
now  reside  at  (here  give  the  particular  house  or  place  of  residence,  and,  if  in  a town,  or  city, 
the  street  and  number,)  in  this  election  district;  that  I am  twenty-one  years  of  age,  and 
have  not  voted  at  this  election ; so  help  me  God,  (or  “this  I do  solemnly  and  sincerely 
affirm,”  as  the  case  may  be.) 


Subscribed  and  sworn  to  before  me,  this  . . . .day.  . . .of.  . . . , A.  D.  18  . . 

376-  Affidavit  of  Witness.]  § 68.  fn  addition  to  such 
an  affidavit,  the  person  so  challenged  shall  produce  a witness 
personally  known  to  the  judges  of  election,  and  resident  in  the 
precinct  (or  district),  or  who  shall  be  proved  by  some  legal 
voter  of  such  precinct  or  district,  known  to  the  judges  to  be 
such,  who  shall  take  the  oath  folllowing,  viz: 

I do  solemnly  swear  (or  affirm)  that  I am  a resident  of  this  election  precinct  (or  dis- 
trict), and  entitled  to  vote  at  this  election,  and  that  I have  been  a resident  of  this  state  for 
one  year  last  passed,  and  am  well  acquainted  with  the  person  whose  vote  is  now  offered; 
that  he  is  an  actual  and  bona  fide  resident  of  this  election  precinct  (or  district),  and  has 
resided  herein  thirty  days,  and,  as  I verily  believe,  in  this  county  ninety  days,  and  in  this 
state,  one  year  next  preceding  this  election. 


Statutes. 


190 

377.  Who  May  Administer  Oath.]  § 69.  The  oath, 
in  each  case,  mav  be  administered  by  either  of  the  judges  of 
election,  or  by  any  officer,  resident  in  the  precinct  or  district, 
authorized  by  law  to  administer  oaths. 

378-  Convicts — Disqualification,]  § 70.  No  person 
who  has  been  legally  convicted  of  any  crime,  the  punishment 
of  'which  is  confinement  in  the  penitentiary,  or  who  shall  be 
convicted  and  sentenced  under  section  eighty-three  of  this  act 
shall  be  permitted  to  vote  at  any  election,  unless  he  shall  be 
restored  to  the  right  to  vote  by  pardon,  or  by  the  expiration 
of  the  term  of  his  disfranchisement  under  section  eighty-three 
of  this  act.  [As  amended  by  act  approved  June  17,  1887. 
In  force  July  1,  1887. 

379.  Liquor.]  § 79.  No  spirituous,  malt,  vinous  or  in- 
toxicating liquor  shall  be  sold  or  given  away  at  retail,  nor 
shall  any  saloon  or  bar  room,  or  place  where  such  liquor  is  so 
sold  or  given  away,  be  open  upon  any  general  or  special  elec- 
tion day  within  one  mile  of  the  place  of  holding  an  election. 
Whoever  violates  the  provisions  of  this  section  shall  be  fined 
in  a sum  not  less  than  25  nor  more  than  $100.  It  shall  be 
the  duty  of  the  sheriff,  coroner,  constables  and  other  officers 
of  the  county,  and  magistrates,  to  see  that  the  provisions  of 
this  section  are  enforced. 

380.  False  Swearing.]  § 80.  If  any  person  whose 
vote  is  challenged,  or  any  witness  sworn  under  the  provisions 
of  this  act,  shall  knowingly,  willfully  and  corruptly,  swear 
fasely,  he  shall  be  deemed  guilty  of  perjury,  and  on  conviction 
thereof  shall  be  punished  accordingly. 

381.  Illegal  Voting.]  § 81.  Whoever  unlawfully  votes 
more  than  once  at  any  election,  or  offers  to  vote  after  having 
once  voted  at  such  election,  or  knowing  that  he  is  not  a quali- 
fied voter  at  an  election,  willfully  votes  at  such  election,  shall, 
on  conviction  thereof,  be  fined  in  a sum  not  exceeding  $1,000, 


Elections. 


T9r 

or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

382.  Other  Offenses. J § 82.  Whoever  willfully  aids  or 
abets  any  one  not  legally  qualified  to  vote  at  an  election  in 
voting  or  attempting  to  vote  at  such  election,  or 

Second — Furnishes  an  elector  with  a ticket  or  ballot  inform- 
ing him  that  it  contains  a name  different  from  that  which  ap- 
pears thereon,  with  intent  to  induce  him  to  vote  contrary  to 
his  inclinations;  or 

Third — Changes  a ballot  of  an  elector,  with  intent  to  de- 
prive such  elector  of  voting  for  such  person  as  he  intended; 
or 

Fourth — By  unlawful  means  prevents  or  attempts  to  pre- 
vent any  voter  from  attending  or  voting  at  an  election;  or 

Fifth — Gives  or  offers  to  give,  any  valuable  thing  or  bribe 
to  any  judge  or  clerk  of  an  election,  as  a consideration  for 
some  act  to  be  done  or  omitted  to  be  done  contrary  to  his 
official  duty  in  relation  to  such  election,  shall  on  conviction 
thereof  be  fined  in  a sum  not  exceeding  $1,000,  or  imprison- 
ed in  the  county  jail  not  exceeding  one  year,  or  both,  in  the 
discretion  of  the  court.  And  any  judge  or  clerk  who  shall 
receive,  request  or  demand  any  bribe  or  reward  forbidden  by 
this  act,  shall  upon  conviction,  be  liable  to  the  same  penalties 
as  are  prescribed  in  this  act  for  the  giving  or  offering  to  give 
such  bribe  or  reward.  [As  amended  by  act  approved  June 
17,  1887.  In  force  July  1,  1887. 

383.  Receiving  Bribe,  Etc.]  § 83.  Any  person  who 
shall  solicit,  request,  demand  or  receive,  directly  or  indirectly, 
any  money,  intoxicating  liquor  or  other  thing  of  value,  or  the 
promise  thereof,  either  to  influence  his  vote,  or  to  be  used,  or 
under  the  pretense  of  being  used  to  procure  the  vote  of  any 
other  person  or  persons,  or  to  be  used  at  any  poll  or  other 
place  prior  to  or  on  the  day  of  an  election  for  or  against  any 


192 


Statutes. 


candidate  for  office,  or  for  or  against  any  measure  or 
question  to  be  voted  upon  at  such  election,  shall  be 
deemed  guilty  of  the  infamous  crime  of  bribery,  in  elections, 
and  upon  conviction  thereof  in  any  court  of  record,  shall  be 
sentenced  to  disfranchisement  by  the  judge  of  such  court  for 
a term  of  not  less  than  five  nor  more  than  fifteen  years,  and  to 
the  county  jail  not  less  than  three  months  nor  more  than  one 
year,  and  to  pay  the  cost  of  prosecution  and  stand  committed 
to  the  county  jail  until  such  costs  shall  be  fully  paid.  That 
for  a conviction  of  a second  offense  under  this  section,  the  first 
being  alleged  and  proven,  such  second  offender  shall  be  by  the 
sentence  of  the  court  forever  thereafter  disfranchised  and  de- 
prived of  the  right  to  vote  at  an  election  in  this  State,  and  be 
imprisoned  in  the  county  jail  not  less  than  one  year,  and  be 
committed  to  jail  in  default  of  payment  of  costs  of  prosecution 
until  such  costs  are  fully  paid.  Prosecutions  may  be  had  un- 
der this  section  by  indictment  in  the  circuit  court,  or  by  infor- 
mation in  the  county  courts,  and  the  effect  of  a sentence  of 
disfranchisement  in  either  of  said  courts,  both  having  jurisdic- 
tion of  offenses  hereunder,  shall  be  to  deprive  such  persons 
sentenced  of  the  right  to  vote  at  any  general  or  special  elec- 
tion, or  town  meeting,  within  this  State  for  the  period  of  time 
fixed  by  the  court  where  such  person  shall  be  convicted  under 
this  section.  Any  candidate  or  other  person  paying,  furnish- 
ing or  promising  to  pay  or  furnish  or  bribing  such  person, 
with  money,  intoxicating  liquor  or  other  thing  of  value,  or  the 
promise  thereof,  shall  not  be  liable  to  punishment  therefor, 
but  shall  be  a competent  witness  and  compelled  to  testify  in 
prosecutions  under  this  section.  Solicitations  by  any  person 
of  a loan  of  money,  or  the  purchase  of  anything  of  value,  or 
liquor  by  the  drink  or  treat  to  influence  or  effect  his  vote,  or 
any  other  subterfuge,  shall  be  deemed  a violation  hereof. 

Second — Any  person  who  shall  have  been  legally  convicted 
and  disfranchised  by  a court  of  competent  jurisdiction  who 
shall  before  the  expiration  of  his  term  of  disfranchisement, 


Elections. 


J93 


vote  or  offer  to  vote  at  any  general  or  special  election,  or  town 
meeting  within  this  State,  shall,  upon  indictment  and  convic- 
tion thereof,  in  a court  of  competent  jurisdiction,  be  confined 
in  the  penitentiary  for  a term  of  years  not  less  than  one,  nor 
more  than  ten  years.  [As  amended  by  act  approved  June  17, 
1887.  In  force  July  1,  1887. 

384.  Disorderly  Conduct.]  § 84.  Whoever  is  disor- 
derly at  any  election  shall  forfeit  a sum  not  exceeding  $25. 

385-  Betting  on  Election.]  § 85.  Whoever  bets  or 
wagers  any  money,  property  or  other  valuable  thing,  upon 
the  result  of  an  election  which  may  be  held  under  the  constitu- 
tion or  laws  of  this  State,  or  bets  or  wagers  money,  property 
or  other  valuable  thing,  upon  the  number  of  votes  which  may 
be  given  to  anv  person  at  an  election,  or  upon  who  will  receive 
the  greatest  number  of  votes  at  an  election ; or  agrees  to  pay  any 
other  person  any  money,  property,  or  other  valuable  thing,  in  the 
event  that  an  election  shall  result  in  one  way,  or  in  the  event 
that  any  person  shall  or  shall  not  be  elected,  or  shall  receive  a 
greater  number  of  votes  than  others,  upon  conviction  thereof  he 
shall  be  fined  in  a sum  not  exceeding  $1,000,  or  imprisioned 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court. 

386-  Offenses  of  Judge  of  Election.]  § 86.  If  any 

judge  of  any  election  shall  permit  a person  to  vote  whose  vote 
is  challenged, without  the  proof  required  in  this  act;  or, 

2d.  Shall  knowingly  and  willfully  permit  a person  to  testify 
as  a witness  contrary  to  the  provisions  of  this  act;  or 

3d.  Shall  knowingly  permit  a person  to  vote  who  is  not 
qualified  according  to  law;  or, 

4th.  Shall  knowingly  receive  and  count  more  than  one  vote 
from  the  same  person  at  the  same  election  for  the  same  office, 
except  as  allowed  by  law;  or, 

5th.  Shall  refuse  to  receive  the  vote  of  a qualified  elector  at 


J94 


Statutes. 


such  election,  who  will  make  the  affidavit  and  proof  required 
by  this  act;  or, 

6th.  Shall  be  guilty  of  any  fraud,  corruption,  partiality  or 
manifest  misbehavior;  or, 

7th.  Shall  open  or  unfold  any  ballot  when  the  same  is  pre- 
sented to  be  deposited  in  the  ballot  box;  or, 

8th.  Shall  willfully  neglect  to  perform  any  of  the  duties 
required  of  him  by  this  act,  shall,  on  conviction  thereof,  be 
fined  in  a sum  not  exceeding  $1,000,  or  imprisoned  in  the 
county  jail  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court. 

387.  When  Judge  or  Clerk  Ascertains  or  Discloses 
Vote.]  § 87.  If  any  judge  or  clerk  of  election  shall  willfully 
or  corruptly  ascertain,  by  comparison  of  the  poll  book  with 
the  ballot,  or  shall  allow  any  other  person  to  ascertain  by  such 
comparison  or  otherwise,  or  shall  willfully  publish  or  reveal 
how  any  elector  voted  at  an  election,  he  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  exceeding  $1,000,  or  impris- 
oned in  the  county  jail  not  exceeding  one  year,  or  both,  in  the 
discretion  of  the  court. 

388.  When  Other  Person  Ascertains  or  Discloses 
Vote.]  § 88.  If  any  person  shall  willfully  or  corruptly  as- 
certain or  publish,  or  reveal  how  any  elector  voted  at  an  elec- 
tion, he  shall,  on  conviction  thereof,  be  fined  in  any  sum  not 
exceeding  $1,000,  or  imprisoned  in  the  county  jail  not  exceed- 
ing one  year,  or  both,  in  the  discretion  of  the  court. 

389-  Neglect  of  Duty  by  Clerk.]  § 89.  If  any  clerk 
of  an  election  shall  willfully  neglect  to  perform  any  duty  re- 
quired of  him  as  clerk  of  election,  or  shall  be  guilty  of  fraud, 
corruption  or  misbehavior  as  such  clerk,  he  shall,  on  convic- 
tion, be  fined  in  a sum  not  exceeding  $500,  or  imprisoned  in 
the  county  jail  not  exceeding  six  months,  or  both,  in  the  dis- 
cretion of  the  court. 


Elections. 


J95 


390.  Failure  to  Deliver  Poll  Books,  Etc.]  § 90.  If 

any  judge,  clerk  or  messenger,  after  having  been  deputed  by 
the  judges  of  election  to  carry  the  poll  books,  tally  list  and 
votes  of  such  election  to  the  place  where,  by  law,  they  are  re- 
quired to  be  canvassed,  willfully  or  negligently  fails  to  deliver 
such  poll  books,  tally  list  or  ballots,  within  the  time  prescribed 
by  law,  with  the  seal  unbroken,  he  shall,  upon  conviction,  be 
fined  in  a sum  not  exceeding  $500,  or  imprisoned  in  the  county 
jail  not  exceeding  six  months,  or  both,  in  the  discretion  of  the 
court. 

391.  Fraud  in  Canvassing,  Etc.]  § 92.  If  any  county 
clerk  or  justice  of  the  peace  shall  be  guilty  of  any  fraud,  cor- 
ruption or  misbehavior,  in  canvassing  the  votes  or  making  any 
abstract  of  votes,  or  issuing  any  certificate  of  election,  he 
shall,  on  conviction,  be  fined  in  any  sum  not  exceeding  $500, 
or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

392-  Carrying  Away — Defacing,  Etc. — Poll  Books,  Etc.] 

§ 93-  Whoever  shall  willfully  and  wrongfully  take  or  carry 
away  from  the  place  where  it  has  been  deposited  for  safe- 
keeping, or  deface,  mutilate  or  change  any  poll  book,  ballot, 
or  tally  list,  or  any  name  or  figure  therein,  shall,  on  convic- 
tion, be  fined  in  a sum  not  exceeding  $1,000,  or  imprisoned  in 
the  county  jail  not  exceeding  one  year,  or  both,  in  the  discre- 
tion of  the  court. 


CONTESTING  ELECTIONS. 

393.  When  Legislature  to  Hear.]  § 94.  The  legisla- 
ture, in  joint  meeting,  shall  hear  and  determine  cases  of  con- 
tested elections  of  governor  and  lieutenant-governor,  secretary 
of  State,  auditor  of  public  accounts,  treasurer,  superintendent 
of  public  instruction,  and  attorney  general.  The  meeting  of 
the  two  houses,  to  decide  upon  such  elections,  shall  be  held  in 
the  hall  of  the  house  of  representatives,  and  the  speaker  of  the 
house  shall  preside. 


196 


Statutes. 


394.  Senators  and  Representatives.]  §95.  The  sen- 
ate and  house  of  representatives  shall  severally  hear  and  de- 
termine contests  of  the  election  of  their  respective  members. 

395.  By  Supreme  Court.]  § 96.  The  supreme  court 
shall  hear  and  determine  contests  of  the  election  of  judges  of 
the  supreme  court,  clerks  of  the  supreme  court,  judges  of  the 
circuit  court,  judges  of  the  superior  court  of  Cook  county, 
members  of  the  State  board  of  equalization;  but  no  judge  of 
the  supreme  court  shall  sit  upon  the  hearing  of  any  case  in 
which  he  is  a party. 

396.  By  Circuit  Courts.]  § 97.  The  circuit  courts  of 
the  respective  counties  shall  hear  and  determine  contests  of 
the  election  of  the  judges  of  the  county  court  of  their  counties, 
and  in  regard  to  the  removal  of  county  seats,  and  in  regard  to 
any  other  subject  which  may  by  law  be  submitted  to  the  vote 
of  the  people  of  the  county. 

397.  By  County  Court.]  § 98.  The  county  court  shall 
hear  and  determine  contests  of  election  of  all  other  county, 
township  and  precinct  officers,  and  all  other  officers  for  the 
contesting  of  whose  election  no  provision  is  made. 

398.  Election  of  State  Officers — Petition  of  Contest- 
ant.] § 99.  When  any  elector  shall  desire  to  contest  the 
election  of  governor,  lieutenant-governor,  secretary  of  State, 
auditor  of  public  accounts,  treasurer,  superintendent  of  public 
instruction,  or  attorney-general,  he  shall,  within  ten  days  after 
the  result  of  the  election  shall  have  been  determined,  present 
a petition  to  the  general  assembly,  setting  forth  the  points  on 
which  he  will  contest  such  election,  and  praying  for  leave  to 
produce  his  proof. 

399-  Joint  Committee  to  Take  Testimony.]  § 100. 
The  general  assembly  shall  appoint  a joint  committee  to  take 
testimony  on  the  part  of  the  petitioner,  and  the  person  whose 
place  is  contested. 


Elections. 


197 


400.  Powers  of  Joint  Committee.]  § 101.  The  com- 
mittee so  appointed  shall  have  power  to  send  for  witnesses, 
and  compel  the  attendance  of  witnesses  and  the  production  of 
papers,  issue  commissions  under  the  hand  of  its  chairman,  to 
any  officer  authorized  to  take  depositions  in  other  cases,  to 
take  the  deposition  of  witnesses  upon  the  points  set  forth  in 
the  petition,  at  such  time  and  place  as  the  commission  shall 
direct. 

401.  Notice,]  § 102.  Reasonable  notice  shall  be  given 
by  the  party  in  whose  favor  the  deposition  is  to  be  taken,  to 
the  opposite  party,  of  the  time  and  place  of  taking  the  same. 

402.  Testimony.]  § 103.  No  testimony  shall  be  taken 
except  on  the  points  set  forth  in  the  petition. 

403-  Report  of  Committee  — Hearing  — Decision.] 

§ 104.  The  committee  shall  report  the  facts  to  the  house,  and 
a day  shall  be  fixed  by  a joint  resolution  for  the  meeting  of 
the  two  houses  to  decide  upon  the  same,  in  which  decision  the 
yeas  and  nays  shall  be  taken  and  entered  upon  the  journal. 

404.  Who  May  Contest  Senator  or  Representative.] 

§ 105.  The  election  of  any  member  declared  duly  elected  to 
a seat  in  the  senate  or  house  of  representatives  of  the  General 
Assembly,  may  be  contested  by  any  qualified  voter  of  the 
county  or  district  to  be  represented  by  such  senator  or  rep- 
resentative. 

405.  Notice  of  Contest.]  § 106.  The  contestant  shall, 
within  thirty  days  after  the  result  of  the  election  shall  have 
been  determined,  serve  on  the  person  whose  election  he  will 
contest,  a notice  of  his  intention  to  contest  such  election,  ex- 
pressing the  points  on  which  the  same  will  be  contested;  and 
shall,  also,  on  or  before  the  next  session  of  the  General 
Assembly,  deliver  a copy  of  such  notice  to  the  secretary  of 
state.  In  case  the  person  whose  election  is  contested  is  absent, 
or  cannot  be  found,  service  may  be  had  by  leaving  a copy  of 
such  notice  at  his  usual  place  of  residence. 


I9S 


Statutes. 


406.  Testimony — How  Taken.]  § 107.  Whenever  a 
notice  shall  have  been  given  of  intention  to  contest  an  election, 
as  provided  in  the  preceding  section,  either  party  may  proceed 
to  take  testimoney  of  any  witness  before  any  judge,  justice  of 
the  peace,  clerk  of  a court,  master  in  chancery,  or  notary 
public,  on  giving  to  the  adverse  party  or  his  attorney,  ten 
days’  notice  of  the  time  and  place  of  taking  the  same,  and  one 
day  in  addition  thereto  (Sunday  inclusive)  for  every  fifty  miles’ 
travel  from  the  place  of  residence  of  such  party  to  the  place 
where  such  deposition  is  to  be  taken.  If  the  party  entitled  to 
notice  resides  in  the  county  where  the  deposition  is  to  be  taken, 
five  days’  notice  shall  be  sufficient. 

407-  Power  of  Officer  Taking  Testimony.]  § 108. 
The  officer  before  whom  depositions  are  taken  shall  have 
power  to  compel  the  production  of  papers,  and  the  attendance 
of  witnesses;  and  the  same  proceedings  may  be  had  to  com- 
pel the  attendance  of  witnesses,  as  are  provided  in  the  cases  of 
taking  depositions  to  be  used  in  courts  of  law  and  equity.  . 

403-  Depositions,  etc.,  to  be  Sent  to  Secretary  of  State.] 

§ 109.  A copy  of  the  notice  to  take  depositions,  with  proof 
of  the  service  thereof,  with  the  deposition,  shall  be  sealed  up 
and  transmitted  by  mail,  or  otherwise,  to  the  secretary  of  State, 
with  an  indorsement  thereon,  showing  the  names  of  the  con- 
testing parties,  the  office  contested,  and  the  nature  of  the 
papers. 

409-  Delivery  of  Notice  Contest,  etc. — Duty  of  Presid- 
ing Officer.  ] § no.  The  secretary  of  state  shall  deliver 

the  copy  of  the  notice  deposited  with  him  by  the  contestant, 
and  the  depositions,  unopened,  to  the  presiding  officer  of  the 
branch  of  the  general  assembly  to  which  the  contest  relates, 
on  or  before  the  second  day  of  its  session  next  after  the  receipt 
of  the  same;  and  the  presiding  officer  shall  immediately  give 
notice  to  his  house  that  such  papers  are  in  his  possession. 


Elections. 


T99 


410-  Rights  of  Either  House  Saved.]  § hi.  Nothing 
herein  contained  shall  be  construed  to  abridge  the  right  of 
either  branch  of  the  general  assembly  to  grant  commissions  to 
take  depositions,  or  to  send  for  and  examine  any  witnesses  it 
may  desire  to  hear  on  such  trial. 

411.  Who  may  Contest  Election  of  Other  Officers,] 

§112.  The  election  of  any  person  declared  elected  to  any 
office  other  than  governor,  lieutenant-governor,  secretary  of 
state,  auditor  of  public  accounts,  treasurer,  superintendent  of 
public  instruction,  attorney-general,  senator  or  representative, 
may  be  contested  by  any  elector  of  the  state,  judicial  division, 
district,  county,  town  or  precinct  in  and  for  which  the  person 
is  declared  elected. 

412*  Contestant  to  File  Statement,  Etc.]  § 113.  The 
person  desiring  to  contest  such  election  shall,  within  thirty 
days  after  the  person  whose  election  is  contested  is  declared 
elected,  file  with  the  clerk  of  the  proper  court  a statement,  in 
writing,  setting  forth  the  points  on  which  he  will  contest  the 
election,  which  statement  shall  be  verified  by  affidavit  in  the 
same  manner  as  bills  in  chancery  may  be  verified. 

413.  Summons.]  § 114.  Upon  the  filing  of  such  state- 
ment, summons  shall  issue  against  the  person  whose  office  is 
contested,  and  he  may  be  served  with  process,  or  notified  to 
appear,  in  the  same  manner  as  is  provided  in  cases  in  chancery. 

414.  Evidence.]  §115.  Evidence  may  be  taken  in  the 
same  manner  and  upon  like  notice  as  in  cases  in  chancery. 

415.  Trial.]  § 116.  The  case  shall  be  tried  in  like 
manner  as  cases  in  chancery. 

416-  Other  Elections  Contested.]  § 117.  Any  five 
electors  of  the  county  may  contest  an  election  upon  any  sub- 
ject which  may  bylaw  be  submitted  to  a vote  of  the  people  of 
the  county,  upon  filing  in  the  circuit  court,  within  thirty  days 
after  the  result  of  the  election  shall  have  been  determined,  a 


200 


Statutes. 


written  statement  in  like  form  as  in  other  cases  of  contested 
elections  in  the  circuit  court.  The  county  shall  be  made  de- 
fendant, and  process  shall  be  served  as  in  suits  against  the 
county;  and  like  proceedings  shall  be  had  as  in  other  cases  of 
contested  elections  before  such  court. 

417-  When  Elector  may  Defend  for  County.]  § 118. 
In  case  the  county  board  shall  fail  or  refuse  properly  to  defend 
such  contest,  the  court  shall  allow  any  one  or  more  electors  of 
the  county  to  appear  and  defend,  in  which  case  the  electors  so 
defending  shall  be  liable  for  the  costs  in  case  the  judgment  of 
the  court  shall  be  in  favor  of  the  contestant. 

418.  Judgment.]  § 119.  The  judgment  of  the  court, 
in  cases  of  contested  election,  shall  confirm  or  annul  the  elec- 
tion according  to  the  right  of  the  matter;  or,  in  case  the  con- 
test is  in  relation  to  the  election  of  some  person  to  an  office, 
shall  declare  as  elected  to  [the]  person  who  shall  appear  to  be 
duly  elected. 

419.  Tie.  | § 120.  If  it  appears  that  two  or  more  per- 

sons have,  or  would  have  had  if  the  legal  ballots  cast  or  in- 
tended to  be  cast  for  them  had  been  counted,  the  highest  and 
an  equal  number  of  votes  for  the  same  office,  the  persons 
receiving  such  votes  shall  decide  by  lot,  in  such  manner  as  the 
court  shall  direct,  which  of  them  shall  be  declared  duly  elected; 
and  the  judgment  shall  be  entered  accordingly. 

420  Certified  Copy  of  Judgment.]  §121.  A certified 
copy  of  the  judgment  of  the  court  shall  have  the  same  effect 
as  to  the  result  of  the  election  as  if  it  had  been  so  declared  by 
the  canvassers. 

421.  When  Election  Adjudged  Void.J  § 122.  When 
the  person  whose  election  is  contested  is  found  to  have  received 
the  highest  number  of  legal  votes,  but  the  election  is  declared 
null  by  reason  of  legal  disqualification  on  his  part,  or  for  other 
causes,  the  person  receiving  the  next  highest  number  of  votes 


Elections. 


201 


shall  not  be  declared  elected,  but  the  election  shall  be  declared 
void. 

422.  Appeal.  | § 123.  In  all  cases  of  contested  elec- 

tions in  the  circuit  courts  or  county  courts,  appeals  may  be 
taken  to  the  supreme  court  in  the  same  manner,  and  upon  like 
conditions  as  is  provided  by  law  for  taking  appeals  in  cases  in 
chancery  from  the  circuit  courts. 

AN  ACT  for  the  registry  of  electors  and  to  prevent  fraudulent  voting. 

[Approved  and  in  force  February  15,  1865.] 

423.  Board  of  Registration — Meeting — Register.]  § 1. 

That  the  persons  authorized  by  law,  or  appointed  pursuant 
to  any  town  or  city  ordinance,  to  act  as  judges  or  inspectors 
of  elections  in  any  town,  city,  or  ward  or  other  election  district 
or  precinct  in  this  State,  shall  constitute  a ‘Board  of  Registry’ 
for  their  respective  towns,  cities,  wards,  districts  or  precincts, 
and  shall  meet  on  Tuesday,  three  weeks  preceding  any  Siate 
election,  at  nine  o’clock  A.  M.,  and  proceed  to  make  a list,  as 
hereinafter  prescribed,  of  all  persons  qualified  and  entitled  to 
vote  at  the  ensuing  election,  in  the  election  district  of  which 
they  are  judges  or  inspectors;  which  list,  when  completed, 
shall  constitute  and  be  known  as  the  ‘Register’  of  electors  of 
said  election  district.  In  election  districts  in  towns  which  lie 
wholly  within  the  limits  of  an  incorporated  city,  a register  of 
electors  shall  be  made  for  all  elections,  whether  general,  special, 
local  or  municipal,  in  the  same  manner  as  herein  provided  in 
the  case  of  State  elections.  [As  amended  by  act  approved 
May  31,  1879.  1°  force  July  1,  1879.] 

424.  Manner  of  Making  Register,  Etc. — First  Meet- 
ing.] § 2.  Said  registers  shall  each  contain  a list  of  the  per- 
sons so  qualified  and  entitled  to  vote  in  said  election  district, 
alphabetically  arranged,  according  to  their  respective  surnames, 
so  as  to  show,  in  one  column,  the  name  in  full  length,  and  in 
another  column,  in  cities,  the  residence,  by  the  number  of  the 
dwelling,  if  there  be  a number,  and  the  name  of  the  street  or 


202 


Statutes. 


other  location  of  the  dwelling  place  of  each  person.  It  shall 
be  the  duty  of  said  board  to  enter  in  said  lists  the  names  of  all 
persons  residing  in  their  election  district,  whose  name  appears 
on  the  poll  list  kept  in  said  district  at  the  last  preceding  elec- 
tion— in  cities  the  number  of  the  dwelling  and  the  name  of 
the  street  or  other  location,  if  the  same  shall  be  known  to  or 
can  be  ascertained  by  such  board — and  for  this  purpose  said 
board  are  authorized  to  take  from  the  office  in  which  they  are 
filed  the  poll  lists  made  and  filed  by  the  judges  or  inspectors 
of  such  district,  at  the  election  held  next  prior  to  the  making 
of  such  register.  In  making  said  list,  the  board  shall  enter 
thereon,  in  addition  to  the  names  on  the  poll  list,  the  names  of 
all  other  persons  who  are  well  known  to  them  to  be  electors 
in  said  district;  and  the  names  of  all  persons  on  the  poll  list 
who  have  died  or  removed  from  the  district  shall  be  omitted 
from  the  register.  The  said  board  shall  complete,  as  far  as 
practicable,  the  said  register  on  the  day  of  their  meeting,  afore- 
said, and  shall  make  two  copies  thereof,  and  certify  the  regis- 
ter and  each  of  the  copies  to  be  a true  list  of  the  voters  in  their 
district,  so  far  as  the  same  are  known.  Within  two  days 
thereafter,  the  said  original  list,  together  with  the  list  taken 
from  the  office,  as  aforesaid,  shall  be  filed  by  said  board  in 
the  office  of  the  town  clerk  of  the  town  in  which  said  election 
district  may  be;  but  in  counties  not  adopting  township  organi- 
zation, said  list  shall  be  filed  with  the  judges  or  inspectors  of 
election  of  the  proper  district,  or  if  such  election  district  is  in 
a city  then  it  shall  be  filed  in  the  office  of  the  city  clerk  of  said 
city.  And  one  copy  of  said  list  shall  be  kept  by  one  of  said 
judges  or  inspectors,  and  carefully  preserved  by  him  for  their 
use  on  the  day  or  days  hereinafter  mentioned,  for  the  revision 
and  correction  of  the  same.  One  copy  of  said  list  shall,  im- 
mediately after  its  completion,  be  posted  in  some  conspicuous 
place  where  the  last  preceding  election  in  said  district  was 
held,  and  be  accessible  to  any  elector  who  may  desire  to  ex- 
amine the  same  or  make  copies  thereof.  Any  person  who 


Elections. 


203 


shall  take  down,  tear  down  or  deface  any  list,  so  posted,  shall 
be  deemed  guilty  of  misdemeanor,  and  shall  be  punished  by  a 
fine  of  $50,  or  by  imprisonment  in  the  county  jail  for  the  term  of 
sixty  days,  or  by  both  fine  and  imprisonment.  [As  amended 
by  act  approved  March  27,  1874.  1°  force  July  1,  1874. 

425.  New  Election  Districts.]  § 3.  In  case  a new 
election  district  shall  be  formed  by  the  organization  of  a new 
town,  or  by  the  division  of  any  town  or  ward,  or  the  incorpor- 
ation of  a city  or  town,  the  judges  or  inspectors  of  the  election 
in  the  new  district  thus  formed,  may  make  their  registry  of 
electors  on  the  day  prescribed  by  this  act,  in  such  manner  as 
a majority  of  them  may  direct,  and  for  that  purpose  may  make 
a list,  or  cause  to  be  made  a certified  copy  of  the  poll  list  or 
lists  of  the  district  in  which  such  new  district  is  situated,  or 
they  may  dispense  with  such  list  or  lists  and  proceed  to  make 
a register  of  electors,  from  the  best  means  at  their  command. 
Said  lists  shall  only  embrace  the  names  of  such  persons  as  are 
known  to  them  to  be  electors  in  their  district,  and  shall  be 
posted  up  and  copies  thereof  made,  as  prescribed  in  the  pre- 
ceding section,  and  shall  be  corrected  in  the  same  manner  that 
other  lists  are  corrected. 

426-  Revision  Register — Second  Meeting.]  § 4.  The 

said  board  shall  again  meet  on  Tuesday  of  the  week  preced- 
ing the  said  elections,  in  their  respective  election  districts,  at 
the  place  designated  for  holding  the  polls  of  the  election,  for 
the  purpose  of  revising,  correcting  and  completing  said  lists; 
and  for  this  purpose,  in  cities,  they  shall  meet  at  eight  o’clock 
in  the  morning,  and  remain  in  session  until  nine  o’clock  P.  M., 
and  in  other  districts  they  shall  meet  at  nine  o’clock  in  the 
morning  and  remain  in  session  until  four  o’clock  P.  M.  [As 
amended  by  act  approved  March  27,  1874.  1°  f°rce  July  1, 

1874. 

427.  Proceedings  Open — Corrections,  Etc.  | § 5.  The 

proceedings  of  said  board  shall  be  open,  and  all  persons  resid- 


204 


Statutes. 


ing  and  entitled  to  vote  in  said  district  shall  be  entitled  to  be 
heard  by  said  board,  in  relation  to  corrections  or  additions  to 
said  register.  One  of  the  lists  so  kept  by  the  judges  or  in- 
spectors, as  aforesaid,  shall  be  used  by  them,  on  the  day  or 
days  of  making  corrections  or  additions,  for  the  purpose  of 
completing  the  registry  for  such  district. 

428.  Revising  Register — Addition  of  New  Names.] 

§ 6.  It  shall  be  the  duty  of  said  board,  at  their  meeting  for 
revising  and  correcting  said  lists,  to  erase  therefrom  the  name 
of  any  person  inserted  therein,  who  shall  be  proved  by  the 
oath  of  two  legal  voters  of  said  district,  to  the  satisfaction  of 
said  board,  to  be  non-resident  of  said  district,  or  otherwise  not 
entitled  to  vote,  in  said  district,  at  the  election  then  next  to  be 
held.  Any  elector  residing  in  said  district,  and  entitled  to 
vote  therein,  may  appear  before  said  board  and  require  his 
name  to  be  recorded  on  said  alphabetical  list.  Any  person  so 
requiring  his  name  to  be  so  entered  on  said  lists,  shall  make 
the  same  statement  as  to  the  street  and  number  thereof,  and 
where  he  resides,  required  by  the  provisions  of  this  act  of 
persons  offering  their  votes  at  elections,  and  shall  be  subject 
to  the  same  penalties  for  refusing  to  give  such  information,  or 
for  falsely  giving  the  same,  and  shall  also  be  subject  to 
challenge,  either  by  the  judges  or  inspectors,  or  either  of  them, 
or  by  any  other  elector  whose  name  appears  on  said  alphabet- 
ical list;  and  the  same  oaths  may  be  administered  by  the 
judges  or  inspectors  as  now  provided  in  case  of  persons  offer- 
ing to  vote  at  an  election;  and  in  case  no  challenge  is  made  of 
any  person  requiring  his  name  to  be  entered  on  said  alphabet- 
ical list,  or  in  case  of  challenge,  if  such  person  shall  make  oath 
that  would  entitle  him  to  vote  in  case  of  challenge  at  an  elec- 
tion, then  the  name  of  any  such  person  shall  be  added  to  the 
alphabetical  poll  list  of  the  last  preceding  year. 

429  Copies  of  Register — Filing — Deliver  to  Judges — 
Voting  Swearing  in  Vote,  Etc.]  § 7.  After  said  lists 


Elections. 


205 


shall  have  been  fully  completed,  the  said  board  shall,  within 
three  days  thereafter,  cause  two  copies  of  the  same  to  be 
made,  each  of  which  shall  be  certified  by  them  to  be  a correct 
list  of  the  voters  of  their  district;  one  of  which  shall  be  filed 
in  the  office  of  the  town  clerk  of  towns,  and  in  the  office  of 
city  clerks  of  cities;  and  one  of  which  copies  shall  be  delivered 
to  said  judges  or  inspectors.  It  shall  be  the  duty  of  the  said 
judges  or  inspectors  so  receiving  such  list,  carefully  to  pre- 
serve the  said  list  for  their  use  on  election  day,  and  to  desig- 
nate two  of  their  number,  at  the  opening  of  the  polls,  to  check 
the  name  of  every  voter  voting  in  such  district  whose  name  is 
on  the  register.  No  vote  shall  be  received  at  any  state  elec- 
tion in  this  state,  if  the  name  of  the  person  offering  to  vote  be 
not  on  the  said  register  made  on  the  Tuesday  preceding  the 
election,  unless  the  person  offering  to  vote  shall  furnish  to  the 
judges  of  the  election  his  affidavit,  in  writing,  stating  therein 
that  he  is  an  inhabitant  of  said  district  and  entitled  to  vote 
therein  at  such  election,  and  prove  by  the  oath  of  a house- 
holder and  registered  voter  of  the  district  in  which  he  offers 
to  vote,  that  he  knows  such  person  to  be  an  inhabitant  of  the 
district,  and  if  in  any  city,  giving  the  residence  of  such  person 
within  said  district.  The  oath  may  be  administered  by  one  of 
the  judges  or  inspectors  of  the  election,  at  the  poll  where  the 
vote  shall  be  offered,  or  by  any  other  person  authorized  to 
administer  oaths,  but  no  person  shall  be  authorized  to  receive 
compensation  for  administering  the  oath.  Said  oath  shall  be 
preserved  and  filed  in  the  office  of  the  town  or  city  clerk,  or 
in  case  there  be  no  clerk,  then  said  oath  shall  be  filed  with  and 
preserved  by  the  judges  or  inspectors  of  the  proper  district. 
Any  person  may  be  challenged,  and  the  same  oaths  shall  be 
put  as  now  are  or  hereafter  may  be  prescribed  by  law.  |~  As 
amended  by  act  approved  March  27,  1874.  1°  f°rce  July  I> 

1874. 

430.  Entry  on  Register  by  Clerks — Non-Registered 
Voter — Penalty.]  § 8.  The  clerks  at  each  poll,  in  addition 


20  6 


Statutes. 


to  the  duties  now  prescribed  by  law,  shall  enter  on  the  poll 
list  kept  by  them,  in  columns  prepared  for  that  purpose, 
opposite  the  name  of  each  person  voting,  the  same  statement 
or  minute  as  hereinbefore  required  of  the  board  in  making  the 
registry;  but  such  entry  is  not  to  be  made  by  them  if  the 
registry  contains  correctly  the  name  and  residence  of  such 
voter;  and  in  all  cases  said  clerk  shall  enter  in  a column 
opposite  the  name  of  each  person  not  registered,  the  words 
“ not  registered.”  In  cities,  every  elector,  at  the  time  of  offer- 
ing his  vote,  shall  truly  state  the  street  in  which  he  resides, 
and  if  the  house,  lodging  or  tenement  in  which  he  resides,  is 
numbered,  the  number  thereof.  And  the  clerks  of  the  polls, 
in  case  the  name  of  such  elector  is  not  registered,  shall  truly 
enter  in  the  appropriate  column  of  the  poll  list,  opposite  the 
name  of  the  elector,  the  street  in  which  the  elector  resides, 
and  the  number,  in  case  the  house,  lodging  or  tenement  is 
numbered;  and  if  the  same  is  not  numbered,  then  the  clerk 
shall  enter  “not  numbered”  in  the  column  of  the  poll  list  for 
entering  the  number.  In  case  of  refusal  to  make  the  state- 
ment as  aforesaid,  the  vote  of  such  elector  shall  not  be  received. 
Any  person  who  shall  willfully  make  any  false  statement  in 
relation  thereto,  shall  be  deemed  guilty  of  misdemeanor,  and 
shall  upon  conviction,  be  punished  with  a fine  of  $50,  or  by 
imprisonment  in  the  county  jail  in  the  county  for  a period  of 
ten  days,  or  by  both  such  fine  and  imprisonment. 

431.  Poll  List  and  Register  to  be  Filed.]  § 9.  After 
the  canvass  of  the  votes,  one  of  said  poll  lists  and  said  register 
so  kept  and  checked,  as  aforesaid,  shall  be  attached  together, 
and  shall,  on  the  following  day,  be  filed  in  the  town  or  city 
clerk’s  office  (as  the  case  may  be)  in  which  said  district  may 
be,  or  in  case  there  be  no  such  clerk,  then  such  poll  lists  and 
register  shall  be  filed  with  and  preserved  by  the  judges  or 
inspectors,  to  be  used  by  the  board  of  registry  in  making  the 
list  of  voters  at  the  next  state  election;  the  other  of  said  poll 
lists  and  registers,  so  kept  and  checked,  shall  be  returned  to 


Elections. 


207 


the  office  of  the  county  clerk  in  the  county  in  which  said  dis- 
trict may  be,  at  the  same  time  the  returns  of  the  election  are 
made.  [As  amended  by  act  approved  March  27,  1874.  In 
forca*July  1,  1874. 

[§  10  is  repealed  by  act  approved  March  27,  1874. 

432.  Registers  Open  to  Inspection.]  § 11.  The  regis- 
ter shall  at  all  times  be  open  to  public  inspection,  at  the  office 
of  the  authorities  in  which  they  shall  be  deposited,  without 
charge. 

433.  Compensation.]  § 12.  That  the  members  of  the 

board  of  registration  shall  each  receive  $2  per  day  for  each 
day  actually  employed  in  the  making  and  completion  of  the 
registry,  not  exceeding  two  days,  to  be  paid  to  them  at  the 
time  and  in  the  manner  in  which  they  are  paid  their  other  fees. 
[As  amended  by  act  approved  March  27,  1874.  1°  f°rce  July 

1,  1874. 

434.  Preserving  Order.]  § 13.  The  said  board  shall 
have  and  exercise  the  same  power  in  preserving  order  at  their 
meetings,  under  this  act,  as  are  given  to  judges  or  inspectors 
of  elections  for  preserving  order  on  election  days;  and  vacan- 
cies in  said  board  shall  be  filled  in  the  same  manner  that 
vacancies  are  now  filled  at  elections. 

435.  Fraudulent  Registration — False  Swearing,  Etc.  ] 
§ 14.  Any  person  who  shall  cause  his  name  to  be  registered 
in  more  than  one  election  district,  or  who  shall  cause  his  name 
to  be  registered,  knowing  that  he  is  not  a qualified  voter  in 
the  district  where  said  registry  is  made,  or  who  shall  falsely 
personate  any  registered  voter,  and  any  person  causing,  aid- 
ing or  abetting  any  person,  in  any  manner,  in  either  of  said 
acts,  shall  be.punished,  for  each  and  every  offense,  by  imprison- 
ment in  the  state  prison  for  not  less  than  one  year.  All  inten- 
tional false  swearing  before  said  board  of  registration  shall  be 
deemed  willful  and  corrupt  perjury,  and,  on  conviction,  pun- 
ished as  such.  If  any  member  or  officer  of  said  board  shall 


208 


Statutes. 


willfully  violate  any  of  the  provisions  of  this  act,  or  be  guilty 
of  any  fraud  in  the  execution  of  the  duties  of  his  office,  he 
shall  be  punished,  for  each  and  every  offense,  by  imprisonment 
in  the  state  prison  for  not  less  than  one  year. 

[§§  15  and  16  are  repealed  by  implication,  the  acts  to  which 
they  refer  being  repealed.  § 17  was  only  of  temporary  effect. 

436.  Blanks  to  be  Furnished.]  § 18.  The  necessary 
blanks  for  making  the  registers  required  by  law,  shall  be  pre- 
pared by  the  secretary  of  state,  and  transmitted  to  the  persons 
entitled  to  receive  them,  in  the  same  manner  that  blank  returns 
of  elections  are  now  transmitted. 

[§  19  is  repealed  by  implication,  the  act  to  which  it  refers 
being  repealed.] 

437-  Time  Act  Takes  Effect.]  § 20.  This  act  shall  be 
in  force  from  and  after  its  passage. 

AN  ACT  to  provide  for  the  printing  and  distribution  of  ballots  at  public 
expense,  and  for  the  nomination  of  candidates  for  public  offices, 
to  regulate  the  manner  of  holding  elections,  and  to  enforce  the 
secrecy  of  the  ballot. 

438.  Printing  and  Distribution  of  Ballots.]  § 1.  That 
in  all  elections  hereafter  to  be  held  in  this  State  for  public 
officers,  except  for  trustees  of  schools,  school  directors,  mem- 
bers of  boards  of  education,  officers  of  road  districts  in  counties 
not  under  township  organization,  the  voting  shall  be  by  bal- 
lots printed  and  distributed  at  public  expense  as  hereinafter 
provided,  and  no  other  ballots  shall  be  used. 

439.  Printing — How  Paid  For — “General”  and  “ City  ” 

Election  Defined.  ] § 2.  The  printing  and  delivery  of  the 

ballots  and  cards  of  instruction  to  voters  hereinafter  described, 
shall,  in  municipal  elections  in  cities,  villages  and  incorporated 
towns,  be  paid  for  by  the  several  cities,  villages  and  incorpor- 
ated towns  respectfully,  and  in  town  elections  by  the  town, 
and  in  all  other  elections  the  printing  of  the  ballots  and  cards 
of  instruction  for  the  voters  in  each  county  and  the  delivery  of 


Elections. 


209 


them  to  the  several  voting  precincts  and  election  districts  shall 
be  paid  for  by  the  several  counties  respectfully.  The  term 
“general  election”  as  used  in  this  act,  shall  apply  to  any  elec- 
tion held  for  the  choice  of  a national,  State,  judicial,  district  or 
county  officer,  whether  for  the  full  term  or  for  the  filling  of  a 
vacancy.  The  term  “city  election”  shall  apply  to  any  muni- 
cipal election  held  in  a city,  village,  or  incorporated  town. 

440.  Nominations.]  § 3.  Any  convention  of  deligates, 
and  any  caucus  or  meeting  of  qualified  voters,  as  hereinafter 
defined,  and  individual  voters  to  the  number  and  in  the  man- 
ner hereinafter  specified,  may  nominate  candidates  for  public 
office,  whose  names  shall  be  placed  upon  the  ballots  to  be  fur- 
nished as  hereinafter  provided. 

441.  Certificates  of  Nominations.]  § 4.  Any  conven- 
tion of  delegates,  caucus  or  meeting  representing  a political 
party  which  at  the  general  election  next  preceding  polled  at 
least  two  (2)  per  cent,  of  the  entire  vote  cast  in  the  State,  or 
in  the  electoral  district  or  division  thereof,  or  the  municipality 
for  which  the  nomination  is  made,  may  for  the  State,  or  for 
the  electoral  district  or  division  thereof  or  municipality  for 
which  the  convention,  caucus  or  meeting  is  held,  as  the  case 
may  be,  by  causing  a certificate  of  nomination  to  be  duly  filed, 
make  one  such  nomination  for  each  office  therein  to  be  filled 
at  the  election.  Every  such  certificate  of  nomination  shall 
state  such  facts  as  are  required  in  section  six  (6)  of  this  act, 
and  shall  be  signed  by  the  presiding  officer  and  by  the  sec- 
retary of  the  convention,  caucus  or  meeting,  who  shall  add  to 
their  signatures  their  places  of  residence.  Such  certificates 
shall  be  sworn  to  by  them  to  be  true  to  the  best  of  their 
knowledge  and  belief,  and  a certificate  of  the  oath  shall  be 
annexed  to  the  certificate  of  nomination. 

442.  Nominations  by  Groups  of  Voters.]  § 5.  Nom- 
inations of  candidates  for  any  office  to  be  filled  by  the  voters 
of  the  State  at  large  may  also  be  made  by  nomination  papers, 


210 


Statutes. 


signed  in  the  aggregate  for  each  candidate  by  not  less  than 
one  thousand  (1,000)  qualified  voters  of  the  State.  Nomina- 
tions of  candidates  for  office  within  any  district  or  political  di- 
vision less  than  the  State  and  in  all  cities  having  a population 
in  excess  of  5,000  may  be  made  by  nomination  papers  signed 
in  the  aggregate  for  each  candidate  by  qualified  voters  of  such 
district  or  political  division  not  less  than  one  for  each  fifty  per- 
sons who  voted  at  the  next  preceding  general  election  in  such 
district  or  division,  but  in  no  case  by  less  than  twenty-five 
(25).  In  elections  to  be  held  in  a town,  village,  precinct  or 
ward,  and  in  all  cities  with  a population  not  exceeding  5,000, 
the  signature  of  voters  thereof  equaling  5 per  cent,  of  the  vote 
•cast  therein  at  the  last  preceding  election  shall  be  sufficient  for 
the  nomination  of  a candidate  who  is  to  be  voted  for  only  in 
such  town,  village,  precinct  or  ward  or  city.  Each  voter 
signing  a nomination  paper  shall  add  to  his  signature  his  place 
of  residence,  and  each  voter  may  subscribe  to  one  nomination 
for  each  office  to  be  filled  and  no  more:  Provided , that  the 
name  of  any  candidate  whose  name  may  appear  in  any  other 
place  upon  the  ballot  shall  not  be  so  added  by  petition  for  the 
same  office. 

443.  Certificate — When  and  Where  Filed.]  § 6.  All 

certificates  of  nomination  or  nomination  papers  shall,  besides 
containing  the  names  of  candidates,  specify  as  to  each: 

1.  The  office  to  which  he  is  nominated. 

2.  The  party  or  political  principle  which  he  represents,  ex- 
pressed in  not  more  than  five  (5)  words. 

3.  His  place  of  residence,  with  the  street  and  number 
thereof,  if  any.  In  the  case  of  electors  for  President  and  Vice- 
President  of  the  United  States,  the  names  of  the  candidates 
for  President  and  Vice-President  may  be  added  to  the  party 
or  political  appellation. 

444.  Form  of  Certificates.]  § 7.  Certificates  of  nom- 
ination and  nomination  papers  for  the  nomination  of  candidates 


Elections. 


21  i 


for  office  to  be  filled  by  the  electors  of  the  entire  State,  or  any 
division  or  district  greater  than  a county,  shall  be  filed  with 
the  Secretary  of  State  at  least  thirty  days  previous  to  the  day 
of  election  for  which  the  candidates  are  nominated.  All  other 
•certificates  for  the  nomination  of  candidates  shall  be  filed  with 
the  county  clerk  of  the  respective  counties  at  least  thirty  days 
previous  to  the  day  of  such  election : Provided , that  certifi- 
cates of  nomination  and  nomination  papers  for  the  nomination 
of  candidates  for  the  offices  in  cities,  villages  and  incorporated 
towns  and  for  town  offices  in  counties  under  township  organi- 
zation shall  be  filed  with  the  clerks  of  the  towns,  cities,  vil- 
lages and  incorporated  towns  at  least  fifteen  days  previous  to 
the  day  of  such  election. 

445.  Withdrawal  of  Candidate — Certificate  Open  to 
Inspection — Preservation  of  Papers.]  § 8.  Any  person 
whose  name  has  been  presented  as  a candidate  may  cause  his 
name  to  be  withdrawn  from  nomination  by  his  request  in  writ- 
ing signed  by  him  and  acknowledged  before  an  officer  quali- 
fied to  take  acknowledgment  of  deeds,  and  filed  with  the  Sec- 
retary of  State  not  less  than  fifteen  (15)  days  or  with  the 
proper  clerk  not  less  than  eight  (8)  days  previons  to  the  day 
of  election,  and  no  name  so  withdrawn  shall  be  printed  upon 
the  ballots.  All  certificates  of  nomination  and  nomination 
papers,  when  filed,  shall  be  open,  under  the  proper  regulation, 
to  public  inspection,  and  the  Secretary  of  State  and  the  several 
clerks  having  charge  of  nomination  papers  shall  preserve  the 
same  in  their  respective  offices  not  less  than  six  months. 

446.  Vacancies  in  Nominations — How  Filled.]  § 9. 

In  case  a candidate  who  has  been  duly  nominated  under  the 
provisions  of  section  six  (6)  of  this  act  die  before  election  day, 
or  decline  the  nomination,  as  in  this  act  provided,  or  should 
any  certificate  of  nomination  be  held  insufficient  or  inoperative 
by  the  officer  with  whom  they  may  be  filed,  the  vacancy  or 
vacancies  thus  occasioned  may  be  filled  by  the  political  party 


212 


Statutes. 


or  other  persons  making  the  original  nominations,  or,  if  the 
time  is  insufficient  therefor,  then  the  vacancy  may  be  filled  if 
the  nomination  was  by  convention  or  caucus,  in  such  manner 
as  the  convention  or  caucus  had  previously  provided,  or  in- 
case of  no  such  previous  provision,  then  by  a regularly  elected 
general  or  executive  committee  representing  the  political 
party  or  persons  holding  such  convention,  meeting  or  caucus. 
The  certificates  of  nomination  made  to  supply  such  vacancy 
shall  state,  in  addition  to  the  other  facts  required  by  section- 
six  (6)  of  this  act,  the  name  of  the  original  nominee,  the  date 
of  his  death  or  declination  of  nonination,  or  the  fact  that  the 
former  nomination  has  been  held  insufficient  or  inoperative, 
and  the  measures  taken  in  accordance  with  the  above  require- 
ments for  filling  a vacancy,  and  it  shall  be  signed  and  sworn 
to  by  the  presiding  officer  and  secretary  of  the  convention  or 
caucus,  or  by  the  chairman  and  secretary  of  the  duly  author- 
ized committee,  as  the  case  may  be. 

447.  Objections  to  Certificates.]  § io.  The  certificates 
of  nomination  and  nomination  papers  being  so  filed  and  being 
in  apparent  conformity  with  the  provisions  of  this  act,  shall  be 
deemed  to  be  valid,  unless  objection  thereto  is  duly  made  in 
writing.  Such  objections  or  other  questions  arising  in  rela- 
tion thereto  in  the  case  of  nomination  of  State  officers  shall  be 
considered  by  the  Secretary  of  State  and  the  Auditor  and 
Attorney  General,  and  the  decision  of  the  majority  of  these 
officers  shall  be  final.  Such  objections  or  questions  arising 
in  the  case  of  nominations  for  officers  to  be  elected  by  the 
voters  of  a division  less  than  the  State  and  greater  than  a 
county,  shall  be  considered  by  the  county  judges  of  the 
counties  embraced  in  such  division,  and  the  decision  or  a ma- 
jority of  these  officers  shall  be  final.  Such  objections  or  ques- 
tions arising-  in  the  case  of  nominations  of  candidates  for  county 
officers,  shall  be  considered  by  the  county  judge,  county  clerk 
and  State’s  attorney  for  such  county,  and  the  decision  of  a 
majority  of  said  officers  shall  be  final.  Objections  or  ques- 


Elections. 


213 


tions  arising  in  the  case  of  nominations  of  city,  town  or  village 
officers  shall  be  considered  by  the  mayor  or  president  of  the 
board  of  trustees,  and  the  city,  town  or  village  clerk,  with 
whom  one  alderman  or  trustee  thereof,  as  the  case  may  be, 
chosen  by  lot  shall  act,  and  the  decision  of  a majority  of  such 
•officers  shall  be  final.  Such  objections  arising  in  the  case  of 
nominations  of  town  officers  shall  be  considered  by  the  board 
of  auditors  of  such  town,  and  the  decision  of  a majority  of 
such  auditors  shall  be  final.  In  any  case  where  such  objec- 
tion is  made,  notice  shall  forthwith  be  given  to  the  candidates 
affected  thereby,  addressed  to  their  places  of  residence  as  given 
in  the  nomination  papers  and  stating  the  time  and  place  when 
-and  where  such  objections  will  be  considered:  Provided , 
that  in  cities,  towns  or  villages  having  a board  of  election  com- 
missioners such  questions  shall  be  considered  by  such  board 
.and  its  decision  shall  be  final. 

448-  Nominations  Certified  to  County  Clerk  for  Print- 
ing.] § 11.  When  such  certificate  is  filed  with  the  Secre- 
tary of  State  he  shall,  in  certifying  nominations  to  the  various 
county  clerks,  insert  the  name  of  the  person  who  has  been 
thus  nominated  to  fill  a vacancy  in  place  of  the  original  nomi- 
nee, and  in  the  event  that  he  has  already  sent  forward  his  cer- 
tificate, he  shall  forthwith  certify  to  the  clerks  of  the  proper 
counties  the  name  and  description  of  the  person  so  nominated 
to  fill  a vacancy,  the  office  he  is  nominated  for,  with  the  other 
details  mentioned  in  certificates  of  nomination  filed  with  the 
Secretary  of  State,  and  in  cases  where  such  clerk  is  not 
charged  by  this  act  with  the  printing  of  the  ballots,  he  shall 
immediately  certify  the  name  so  supplied  to  the  authorities 
charged  with  the  printing  of  the  ballots.  The  name  so  sup- 
plied for  the  vacancy  shall,  if  the  ballots  are  not  already 
printed,  be  placed  on  the  ballots  in  place  of  the  name  of  the 
original  nominee;  or  if  the  ballots  have  been  printed,  new  bal- 
lots, whenever  practicable,  shall  be  furnished. 


2I4 


Statutes. 


449-  New  Ballots  in  Case  of  Vacancy.  ] § 12.  When- 
ever it  may  not  be  practicable  to  have  new  ballots  printed  it 
shall  be  the  duty  of  the  election  officer  having  charge  of  the 
ballots  to  place  the  name  supplied  for  the  vacancy  upon  each 
ballot  issued  before  delivering  it  to  the  voter;  the  name  so- 
supplied  may  be  placed  upon  the  ballots  either  by  affixing  a past- 
er or  by  writing  or  stamping  the  name  on  the  ballot;  and  to 
enable  this  to  be  done,  the  officer  with  whom  the  certificates 
of  nomination  are  to  be  filed  shall  immediately  furnish  the 
name  of  such  substituted  nominee  to  all  judges  of  election* 
within  the  territory  in  which  such  nominee  may  be  a candi- 
date. 

450°  Nominations  Certified  to  Clerk.]  § 13.  Not  less 
than  fifteen  days  before  an  election  to  fill  any  public  office  the 
Secretary  of  State  shall  certify  to  the  county  clerk  of  each 
county  within  which  any  of  the  electors  may  by  law  vote  for 
such  office,  the  name  and  description  of  each  person  nominat- 
ed for  such  office,  as  specified  in  the  certificates  of  nomination 
filed  with  the  Secretary  of  State. 

451.  Ballots — Form  of.]  § 14.  The  names  of  all  can- 
didates to  be  voted  for  in  each  election  district  or  precinct 
shall  be  printed  on  one  ballot;  all  nominations  of  any  political 
party  or  group  of  petitioners  being  placed  under  the  party 
appellation  or  title  of  such  party  or  group  as  designated  by 
them  in  their  certificates  of  nomination  or  petitions,  or  if  none 
be  designated,  then  under  some  suitable  title,  and  the  ballot 
shall  contain  no  other  names,  except,  that  in  case  of  electors 
for  President  and  Vice-President  of  the  United  States,  the 
names  of  the  candidates  for  President  and  Vice-President  may 
be  added  to  the  party  or  political  designation,  ff  a constitu- 
tional amendment  or  other  public  measure  is  submitted  to  a 
vote,  such  question  shall  be  printed  upon  the  ballot  after  the 
list  of  candidates,  and  words  calculated  to  aid  the  voter  in  his 
choice  of  candidates  or  to  answer  any  question  submitted  to* 


Elections. 


215 


vote,  may  be  added,  such  as:  “Vote  for  one,”  “Vote  for 
three,”  “Yes,”  “No,”  or  the  like.  On  the  back  or  outside  of 
the  ballot,  so  as  to  appear  when  folded,  shall  be  printed  the 
words,  “Official  ballot,”  followed  by  the  designation  of  the 
place  for  which  the  ballot  is  prepared,  the  date  of  the  election 
and  a fac  simile  of  the  signature  of  the  clerk  or  other  officer 
who  has  caused  the  ballots  to  be  printed.  The  ballots  shall 

be  of  plain  white  paper,  through  which  the  printing  or  writing 
cannot  be  read.  The  party  appellation  or  title  shall  be  printed 
in  capital  letters,  not  less  than  one-fourth  of  an  inch  in  height 
and  a circle  one-half  inch  in  diameter  shall  be  printed  at  the 
beginning  of  the  line  in  which  such  appellation  or  title  is 
printed.  The  names  of  candidates  shall  be  printed  in  capital 
letters  not  less  than  one-eighth  nor  more  than  one-fourth  of  an 
inch  in  height,  and  at  the  beginning  of  each  line  in  which  a 
name  of  a candidate  is  printed  a square  shall  be  printed,  the 
sides  of  which  shall  not  be  less  than  one-fourth  of  an  inch  in 
length.  The  list  of  candidates  of  the  several  parties  and 
groups  of  petitioners  shall  be  placed  in  separate  columns  on 
the  ballot  in  such  order  as  the  authorities  charged  with  the 
printing  of  the  ballots  shall  decide. 

As  nearly  as  practicable  the  ballot  shall  be  in  the  following 
form : 


o 

□ 


DEMOCRATIC 

For  Governor, 
JOHN  M.  PALMER. 


O 

□ 


REPUBLICAN. 

For  Governor, 
JOSEPH  W.  FIFER. 


O 

□ 


For  Lieutenant  Governor, 


For  Lieutenant  Governor, 


| ANDREW  J.  BELL.  £ 

LYMAN  B.  RAY. 

For  Secretary  of  State. 

For  Secretary  of  State, 

J NEWELL  D.  RICKS.  £ 

I.  N.  PEARSON 

PROHIBITION. 

For  Governor, 
DAVID  H.  HARTS. 

r Lieutenant  Governor, 
JOS.  L.  WHITLOCK. 

For  Secretary  of  State, 
JAMES  R.  HANNA, 


(And  continuing  in  like  manner  as  to  all  candidates  to  be 
voted  for  at  such  election.) 


Statutes. 


216 

452-  Ballots — Distribution  of.J  § 15.  For  all  elections 
to  which  this  act  applies,  the  county  clerks,  in  their  respective 
counties,  shall  have  charge  of  the  printing  of  the  ballots  for  all 
general  elections,  and  shall  furnish  them  to  the  judges  of  elec- 
tion; the  city,  town  or  village  clerk  shall  have  charge  thereof 
and  furnish  them  in  all  city  elections,  and  the  town  clerk  in 
counties  under  township  organization  shall  have  charge  there- 
of and  furnish  the  same  in  all  town  elections  to  which  this  act 
applies:  Provided , that  in  cities,  towns  or  villages  having  a 
board  of  election  commissioners,  such  board  shall  have  charge 
of  the  painting  of  the  ballots  and  furnish  them  to  the  judges 
of  election  within  the  territory  under  their  jurisdiction.  Bal- 
lots shall  be  printed  and  in  possession  of  the  officer  charged 
with  their  distribution  at  least  two  days  before  the  election, 
and  subject  to  the  inspection  of  candidates  and  their  agents;  if 
any  mistakes  be  discovered  they  shall  be  corrected  with- 
out delay.  The  officer  so  charged  with  the  printing  of  the 
ballots  shall  cause  to  be  delivered  to  the  judges  of  elec- 
tion at  the  polling  place  of  each  precinct  or  district,  not  less 
than  twelve  hours  before  the  time  fixed  by  law  for  the  open- 
ing of  the  polls  therein,  one  hundred  ballots  of  the  kind  to  be 
voted  in  such  precinct  or  district  for  every  fifty  votes  cast 
therein  at  the  last  preceding  election  for  State  officers;  such 
ballots  shall  be  put  up  in  separate  sealed  packages,  with  marks 
on  the  outside  clearly  designating  the  polling  place  for  which 
they  are  intended,  and  the  number  of  ballots  enclosed,  and  re- 
ceipt therefor  shall  be  given  by  the  judges  of  election  to  whom 
they  are  delivered,  which  receipt  shall  be  preserved  by  the 
officer  charged  with  the  printing  of  the  ballots.  The  officer 
or  authorities  charged  with  the  printing  and  distributing  of  the 
ballots  shall  provide  and  retain  at  his  or  their  office  an  ample 
supply  of  ballots  in  addition  to  those  distributed  to  the  several 
voting  precincts  or  districts,  and  if  at  any  time,  on  or  before 
the  day  of  election,  the  ballots  furnished  to  any  precinct  shall 
be  lost,  destroyed  or  exhausted  before  the  polls  are  closed, 


Elections. 


217 


on  written  application  signed  by  a majority  of  the  judges  of 
such  precinct  or  district,  or  signed  and  sworn  to  by  one  of 
such  judges,  he  shall  immediately  cause  to  be  delivered  to 
such  judges,  at  the  polling  place,  such  additional  supply  of 
ballots  as  may  be  required  and  sufficient  to  comply  with  the 
provisions  of  this  act. 

453.  Constitutional  Amendments,  Etc. — Form  of  Sub- 
mission.] § 16.  Whenever  a constitutional  amendment  or 
other  public  measure  is  proposed  to  be  voted  upon  by  the  peo- 
ple, the  substance  of  such  amendment  or  other  public  meas- 
ure shall  be  clearly  indicated  upon  the  ballot,  and  two  spaces 
shall  be  left  upon  the  margin,  one  for  votes  favoring  the 
amendment,  or  public  measure,  to  be  designated  by  the  word 
“yes,”  and  for  votes  opposing  the  amendment  or  measure,  to 
be  designated  by  the  word  “no,”  as  in  the  form  herein  given : 


Proposed  amendment  to  the  constitution 

YES. 

giving  judges  a life  term  of  office  and 

— 

making  them  appointive. 

NO. 

The  elector  shall  designate  his  vote  by  a cross  mark,  thus  (x). 

454.  For  General  Assembly — Form  of  Ballot.]  § 17. 

It  may  be  stated  in  the  certificates  of  nomination  of  candidates 
for  representatives  in  the  General  Assembly  what  number  of 
votes  it  is  desired  shall  be  printed  as  given  to  such  candidate 
or  candidates,  and  in  such  case  the  ballots  shall  be  so  printed. 
In  any  case  where  the  certificate  of  nomination  does  not  so 
state,  then  no  number  of  votes  shall  be  printed  on  the  ballots 
as  to  the  candidate  or  candidates  named  in  such  certificates. 
In  canvassing  the  vote  for  representatives  in  the  General  As- 
sembly, if  the  ballot  has  been  so  marked  as  to  indicate  that 
the  voter  intends  to  vote  for  one  person  only  for  that  office,  it 
shall  be  counted  three  votes  for  that  candidate;  if  it  has  been 
so  marked  as  to  indicate  that  the  voter  intends  to  vote  for  two 
persons  for  representatives  it  shall  be  counted  one  and  one- 


2 1 8 


Statutes. 


half  votes  for  each  of  such  candidates,  unless  otherwise  on  the 
ballot  expressly  stated;  and  if  it  has  been  so  marked  as  to 
indicate  an  intention  to  vote  for  three  persons  for  such  office 
it  shall  be  counted  one  vote  for  each  of  such  candidates,  unless 
otherwise  on  the  ballot  expressly  stated;  and  if  it  has  been  so 
marked,  as  to  indicate  an  attempt  to  vote  for  more  persons  for 
representatives  than  the  voter  is  entitled  to  vote  for,  the  votes 
for  representatives  on  such  ballot  shall  not  be  counted. 

455.  Cards  of  Instructions.]  § 18.  The  officer  or  of- 
ficers whose  duty  it  is  to  have  the  ballots  printed  shall  prepare 
full  instructions  for  the  guidance  of  voters  at  each  election  as 
to  obtaining  ballots,  as  to  the  manner  of  marking  them  and 
the  method  of  gaining  assistance  and  as  to  obtaining  new  bal- 
lots in  place  of  those  accidently  spoiled;  and  they  shall  respec- 
tively cause  the  same,  together  with  copies  of  sections  twenty- 
one  (21),  twenty-two  (22),  twenty-three  (23),  twenty-four 
( 24),  twenty-five  (25),  twenty-eight  (28),  and  twenty-nine 
(29)  of  this  act,  to  be  printed  in  large,  clear  type,  on  separate 
cards,  to  be  called  cards  of  instruction;  and  such  officer  or 
officers  shall  furnish  to  the  judges  of  election  a sufficient  num- 
ber of  such  cards  of  instruction  to  enable  the  judges  of  elec- 
tion to  comply  with  the  provisions  of  this  act. 

456.  Posting  Cards  of  Instruction  and  Specimen  Bal- 
lots. | § 19.  The  judges  of  election  shall  cause  not  less  than 

one  of  such  cards  to  be  posted  in  each  voting  booth  provided 
for  the  preparation  of  ballots,  and  not  less  than  four  of  such 
cards  to  be  posted  in  and  about  the  polling  places  upon  the 
day  of  election.  Judges  of  election  shall,  not  less  than  five 
days  prior  to  an  election,  cause  to  be  conspicuously  posted,  in 
five  or  more  public  places  in  their  voting  precinct  or  election 
district,  a card  of  instruction  and  a specimen  ballot  printed  on 
colored  paper,  containing  the  names,  residence,  and  party  or 
political  affiliation  of  all  candidates  nominated  as  herein  pro- 
vided, and  to  be  voted  for  in  such  precinct,  substantially  in  the 


Elections. 


219 


form  of  the  general  ballot  to  be  used  herein,  and  they  shall 
likewise  cause  to  be  published,  prior  to  the  day  of  election,  in 
at  least  two  newspapers,  if  there  be  so  many  published  in  such 
county,  representing  the  political  parties  which  cast  at  the 
preceding  election  the  largest  and  next  largest  number  of 
votes,  a list  of  all  the  nominations  made  as  herein  provided  and 
to  be  voted  for  at  such  election,  as  near  as  may  be,  in  the  form 
in  which  they  shall  appear  upon  the  general  ballot. 

457-  Judges  of  Election  to  Furnish  Ballots.]  § 20. 

The  judges  of  election  of  their  respective  election  precincts  or 
election  districts  shall  have  charge  of  the  ballots  and  furnish 
them  to  the  voter  as  hereinafter  set  forth. 

458.  Booths,  Etc.]  § 21.  All  officers  upon  whom  is 
imposed  by  law  the  duty  of  designing  or  providing  polling 
places  shall  provide  in  each  polling  place  so  designated  or  pro- 
vided a sufficient  number  of  booths,  which  shall  be  provided 
with  such  supplies  and  conveniences,  including  shelves,  pens, 
pen-holders,  ink,  blotters  and  pencils,  as  will  enable  the  voter  to 
prepare  his  ballot  for  voting,  and  in  which  voters  may  prepare 
their  ballots,  screened  from  all  observation  as  to  the  manner 
in  which  they  do  so;  and  a guard  rail  shall  be  so  constructed 
and  placed  that  only  such  persons  as  are  inside  said  rail  can 
approach  within  six  feet  of  the  ballot  box  and  of  such  voting 
booths.  The  arrangements  shall  be  such  that  the  voting 
booths  can  only  be  reached  by  passing  within  said  guard  rail. 
They  shall  be  within  plain  view  of  the  election  officers,  and 
both  they  and  the  ballot  boxes  shall  be  within  plain  view  of 
those  outside  the  guard  rail.  Each  of  said  booths  shall  have 
three  sides  enclosed,  one  side  in  front,  to  open  and  shut  by  a 
door  swinging  outward,  or  to  be  closed  with  a curtain.  Each 
side  of  each  booth  shall  be  seven  feet  high,  and  the  door  or 
curtain  shall  extend  to  within  two  feet  of  the  floor,  which  shall 
be  closed  while  the  voter  is  preparing  his  ballot;  and  such 
booths  shall  be  well  lighted.  Each  booth  shall  be  at  least  three 


220 


Statutes. 


feet  square,  and  shall  contain  a shelf  at  least  one  foot  wide,  at 
a convenient  height  for  writing.  No  person  other  than  the 
election  officers  and  the  challengers  allowed  by  law,  and  those 
admitted  for  the  purpose  of  voting  as  hereinafter  provided, 
shall  be  permitted  within  the  guard  rail,  except  by  authority 
of  the  election  officers  to  keep  order  and  enforce  the  law. 
The  number  of  such  voting  booths  shall  not  be  less  than  one 
to  every  one  hundred  voters  who  voted  at  the  last  preceding 
election  in  the  district.  The  expense  of  providing  booths  and 
guard  rails  and  other  things  required  in  this  act  shall  be  paid 
in' the  same  manner  as  other  election  expenses. 

459.  Ballots  From  Judges  — Registration  — Chal- 
lenge.] § 22.  Any  person  desiring  to  vote  shall  give  his 
name  ana,  if  required  to  do  so,  his  residence,  to  the  judges  of 
election,  one  of  whom  shall  thereupon  announce  the  same  in  a 
loud  and  distinct  tone  of  voice,  clear  and  audible;  and  if  such 
name  is  found  on  the  register  of  voters  by  the  officer  having 
charge  thereof,  he  shall  likewise  repeat  said  name  and  the  voter 
shall  be  allowed  to  enter  the  space  enclosed  by  the  guard  rail,  as 
above  provided.  One  of  the  judges  shall  give  the  voter  one, 
and  only  one,  ballot,  on  the  back  of  which  such  judge  shall 
endorse  his  initials  in  such  manner  that  they  may  be  seen  when 
the  ballot  is  properly  folded,  and  the  voter’s  name  shall  be  im- 
mediately checked  on  the  register  list.  At  all  elections,  when 
a registry  may  be  required,  if  the  name  of  anv  person  so  de- 
siring to  vote  at  such  election  is  not  found  on  the  register  of 
voters,  he  shall  not  receive  a ballot  until  he  shall  have  com- 
plied with  the  law  prescribing  the  manner  and  conditions  of 
voting  by  unregistered  voters.  If  any  person  desiring  to  vote 
at  any  election  shall  be  challenged,  he  shall  not  receive  a bal- 
lot until  he  shall  have  established  his  right  to  vote  in  the  man- 
ner provided  by  law.  Besides  the  election  officer  not  more 
than  two  voters  in  excess  of  the  whole  number  of  voting 
booths  provided  shall  be  allowed  in  said  inclosed  space  at  one 


time. 


Elections. 


221 


460.  Preparation  of  Ballot.]  § 23.  On  receipt  of  his 
ballot  the  voter  shall  forthwith,  and  without  leaving  the  in- 
closed space,  retire  alone  to  one  of  the  voting  booths  so  pro- 
vided and  shall  prepare  his  ballot  by  making  in  the  appro- 
priate margin  or  place  a cross  (X)  opposite  the  name  of  the 
candidate  of  his  choice  for  each  office  to  be  filled,  or  by  writ- 
ing in  the  name  of  the  candidate  of  his  choice  in  a blank  space 
on  said  ticket,  making  a cross  (X)  opposite  thereto;  and  in 
case  of  a question  submitted  to  the  vote  of  the  people,  by  mak- 
ing in  the  appropriate  margin  or  place  a cross  (X)  against  the 
answer  he  desires  to  give:  Provided , however , if  he  shall  de- 
sire to  vote  for  all  of  the  candidates  of  one  political  party  or 
group  of  petitioners,  he  may  place  such  mark  at  the  appro- 
priate place  preceding  the  appellation  or  title  under  which  the 
names  of  the  candidates  of  such  party  or  group  of  petitioners 
are  printed,  and  the  ballot  so  marked  shall  be  counted  as  cast 
for  all  of  the  candidates  named  under  that  title : Provided , 
jurtlier , that  the  voter  may  place  such  mark  at  the  appropri- 
ate place  preceding  the  appellation  or  title  of  one  party  or 
group  of  petitioners  and  may  also  mark,  at  the  appropriate 
place  preceding  the  name  or  names  of  one  or  more  candidates 
printed  under  the  appellation  or  title  of  some  other  party  or 
group  of  petitioners,  and  a ballot  so  marked  shall  be  counted 
as  cast  for  all  the  candidates  named  under  the  appellation  or 
title  which  has  been  so  marked,  except  as  to  the  officers  as  to 
which  he  has  placed  such  mark  preceding  the  name  or  names 
of  some  other  candidate  or  candidates  printed  under  the  title 
of  some  other  party  or  group  of  petitioners,  and  as  to  such  it 
shall  be  counted  as  cast  for  the  candidate  or  candidates  pre- 
ceding whose  name  or  names  such  mark  may  have  been 
placed.  Before  leaving  the  voting  booth  the  voter  shall  fold 
his  ballot  in  such  manner  as  to  conceal  the  marks  thereon. 
He  shall  then  vote  forthwith  in  the  manner  now  provided  by 
law,  except  that  the  number  corresponding  to  the  number  of 
the  voter  on  the  poll  books  shall  not  be  indorsed  on  the  back 


222 


Statutes. 


of  his  ballot.  He  shall  mark  and  deposit  his  ballot  without 
undue  delay,  and  shall  quit  said  inclosed  space  as  soon  as  he 
has  voted.  No  voter  shall  be  allowed  to  occupy  a voting 
booth  already  occupied  by  another,  nor  remain  within  said  in- 
closed space  more  than  ten  minutes-,  nor  to  occupy  a voting 
booth  more  than  five  minutes  in  case  all  of  said  voting  booths 
are  in  use  and  other  voters  waiting  to  occupy  the  same.  No 
voter,  not  an  election  officer,  shall,  after  having  voted,  be  al- 
lowed to  re-enter  said  inclosed  space  during  said  election.  No 
person  shall  take  or  remove  any  ballot  from  the  polling  place 
before  the  close  of  the  poll.  No  voter  shall  vote,  or  offer  to 
vote,  any  ballot  except  such  as  he  has  received  from  the 
judges  of  election  in  charge  of  the  ballots.  Any  voter  who 
shall,  by  accident  or  mistake,  spoil  his  ballot,  may,  on  return- 
ing said  spoiled  ballot,  receive  another  in  place  thereof. 

461.  Officers  at  Each  Poll  to  Assist.]  § 24.  Any 

voter  who  may  declare  upon  oath  that  he  cannot  read  the 
English  language,  or  that  by  reason  of  any  physical  disability 
he  is  unable  to  mark  his  ballot  shall,  upon  request,  be  assisted 
in  marking  his  ballot  by  two  of  the  election  officers  of  differ- 
ent political  parties,  to  be  selected  from  the  judges  and  clerks 
of  the  precinct  in  which  they  are  to  act,  to  be  designated  by 
the  judges  of  election  of  each  precinct  at  the  opening  of  the 
polls.  Such  officers  shall  mark  the  ballot  as  directed  by  the 
voter,  and  shall  thereafter  give  no  information  regarding  the 
same.  The  clerks  of  election  shall  enter  upon  the  poll  lists 
after  the  name  of  any  elector  who  received  such  assistance  in 
marking  his  ballot  a memorandum  of  the  fact.  Intoxication 
shall  not  be  regarded  as  a physical  disability,  and  no  intoxi- 
cated person  shall  be  entitled  to  assistance  in  marking  his 
ballot. 

462.  Employes  to  be  Given  Time  to  Vote.]  § 25. 

Any  person  entitled  to  vote  at  a general  election  in  this  State 
shall,  on  the  day  of  such  election,  be  entitled  to  absent  himself 


Elections. 


223 


from  any  services  or  employment  in  which  he  is  then  engaged 
or  employed  for  a period  of  two  hours  between  the  time  of 
opening  and  closing  the  polls;  and  such  voter  shall  not  because 
of  so  absenting  himself  be  liable  to  any  penally,  nor  shall  any 
deduction  be  made  on  account  of  such  absence  from  his  usual 
salary  or  wages:  Provided , however , that  application  for  such 
leave  of  absence  shall  be  made  prior  to  the  day  of  election. 
The  employer  may  specify  the  hours  during  which  said  em- 
ploye may  absent  himself  as  aforesaid.  Any  person  or  cor- 
poration who  shall  refuse  to  an  employe  the  privilege  hereby 
conferred,  or  shall  subject  an  employe  to  a penalty  or  deduc- 
tion of  wages  because  of  the  exercise  of  such  privilege,  or 
who  shall,  directly  or  indirectly,  violate  the  provisions  of  this 
section,  shall  be  deemed  guilty  of  a misdemeanor  and  be  fined 
in  any  sum  not  less  than  five  dollars  ($5)  nor  more  than  one 
hundred  dollars  ($100). 

463-  Defective  Ballots,  Etc.J  § 26.  If  the  voter  marks 
more  names  than  there  are  persons  to  be  elected  to  an  office, 
or  if  for  any  reason  it  is  impossible  to  determine  the  voter’s 
choice  for  any  office  to  be  filled,  his  ballot  shall  not  be  counted 
for  such  office.  No  ballot  without  the  official  endorsement 
shall  be  allowed  to  be  deposited  in  the  ballot  box,  and  none 
but  ballots  provided  in  accordance  with  the  provisions  of  this 
act  shall  be  counted.  Ballots  not  counted  shall  be  marked 
“defective”  on  the  back  thereof  and  ballots  to  which  objection 
has  been  made  by  either  of  the  judges  or  challengers  shall  be 
marked  “objected  to”  on  the  back  thereof,  and  a memorandum, 
signed  by  the  judges,  stating  how  it  was  counted,  shall  be  writ- 
ten upon  the  back  of  each  ballot  so  marked,  and  all  ballots 
marked  defective  or  objected  to,  shall  be  enclosed  in  an  envelope 
securely  sealed  and  so  marked  and  endorsed  as  to  clearly  dis- 
close its  contents.  All  ballots  not  voted  and  all  that  have  been 
spoiled  by  voters  while  attempting  to  vote  shall  be  returned 
by  the  judges  of  election  to  the  officer  or  authorities  charged 
with  the  printing  and  distribution  of  the  ballots  and  a receipt 


224 


Statutes. 


taken  therefor,  and  shall  be  preserved  six  months;  such  officer 
shall  keep  a record  of  the  number  of  ballots  delivered  for  each 
polling  place,  the  name  of  the  person  to  whom  and  the  time  when 
delivered,  and  he  shall  also  enter  upon  such  record  the  num- 
ber and  character  of  ballots  returned,  with  the  time  when  and 
the  person  by  whom  they  are  returned. 

464.  Canvass  — Proclamation  — Preservation  of  Bal- 
lots.] § 27.  When  the  canvass  of  the  ballots  shall  have 
been  completed,  as  now  provided  by  law,  the  clerks  shall 
announce  to  the  judges  the  total  number  of  votes  received  by 
each  candidate;  each  judge  of  election  in  turn  shall  then  pro- 
claim in  a loud  voice  the  total  number  of  votes  received  by 
each  of  the  persons  voted  for  and  the  office  for  which  he  is 
designated,  and  the  number  of  votes  for  and  the  number  of 
votes  against  any  proposition  which  shall  have  been  submitted 
to  a vote  of  the  people;  such  proposition  shall  be  prima  facie 
evidence  of  the  result  of  such  canvass  of  the  ballots.  Im- 
mediately after  making  such  proclamation,  and  before  sepa- 
rating, the  judges  shall  fold  in  two  folds,  and  string  closely 
upon  a single  piece  of  flexible  wire,  all  ballots  which  have 
been  counted  by  them,  except  those  marked  “objected  to,” 
unite  the  ends  of  such  wire  in  a firm  knot,  seal  the  knot  in 
such  manner  that  it  cannot  be  untied  without  breaking  the 
seal,  enclose  the  ballots  so  strung  in  an  envelope  and  securely 
tie  and  seal  such  envelope  with  official  wax  impression  seals, 
to  be  provided  by  the  judges,  in  such  manner  that  it  cannot  be 
opened  without  breaking  the  seals,  and  return  said  ballots, 
together  with  the  package  containing  the  ballots  marked  ‘de- 
fective or  objected  to,’  in  such  sealed  package  or  envelope,  to 
the  proper  clerk  or  to  the  board  of  election  commissioners,  as 
the  case  may  be,  and  such  officer  shall  carefully  preserve  said 
ballots  for  six  months,  and  at  the  expiration  of  that  time  shall 
destroy  them  by  burning  without  previously  opening  the 
package  or  envelope.  Such  ballots  shall  be  destroyed  in  the 


Elections. 


225 


presence  of  the  official  custodian  thereof,  and  two  electors  of 
approved  integrity  and  good  repute  and  members  respectively 
of  the  two  leading  political  parties.  The  said  electors  shall  be 
designated  by  the  county  judge  of  the  county  in  which  such 
ballots  are  kept:  Provided , that  if  any  contest  of  the  election 
of  any  officer  voted  for  at  such  election  shall  be  pending  at  the 
expiration  of  said  time,  the  said  ballots  shall  not  be  destroyed 
until  such  contest  is  finally  determined.  In  all  cases  of  con- 
tested elections  the  parties  contesting  the  same  shall  have  the 
right  to  have  said  ballots  opened  and  to  have  all  errors  of  the 
judges  in  counting  or  refusing  to  count  any  ballot  corrected 
by  the  court  or  body  trying  such  contest;  but  such  ballots 
shall  be  opened  only  in  open  court  or  in  open  session  of  such 
body  and  in  the  presence  of  the  officer  having  the  custody 
thereof. 

465.  Electioneering  Prohibited — Penalty.]  § 28.  No 

person  whatever  shall  do  any  electioneering  or  soliciting  of 
votes  on  election  day  within  any  polling  place  or  within  one 
hundred  (100)  feet  of  any  polling  place;  no  person  shall  inter- 
rupt, hinder  or  oppose  any  voter  while  approaching  the  poll- 
ing place  for  the  purpose  of  voting.  Whoever  shall  violate 
the  provisions  of  this  section  shall  be  punished  by  a fine  of  not 
less  than  twenty-five  dollars  ($25)  nor  more  than  one  hun- 
dred dollars  ($100)  for  each  and  every  offense;  and  it  shall  be 
the  duty  of  the  judges  of  election  to  enforce  the  provisions  of 
this  section. 

466.  Ballots  Secret — Interference  With  Voter — Pen- 
a'ty-]  § 29.  Any  voter  who  shall,  except  as  herein  other- 
wise provided,  allow  his  ballot  to  be  seen  by  any  person  with 
an  apparent  intention  of  letting  it  be  known  how  he  is  about 
to  vote,  or  who  shall  make  a false  statement  as  to  his  inability 
to  mark  his  ballot,  or  any  person  who  shall  interfere,  or  at- 
tempt to  interfere,  with  any  voter  when  inside  said  enclosed 
space,  or  when  marking  his  ballot,  or  shall  endeavor  to  induce 


22  6 


Statutes. 


any  voter  before  voting  to  show  how  he  marks  or  has  marked 
his  ballot,  shall  be  punished  by  a fine  of  not  less  that  five  dol- 
lars ($5),  nor  more  than  one  hundred  dollars  ($ioo),  and  it 
shall  be  the  duty  of  the  election  judges  to  enforce  the  pro- 
visions of  this  section. 

467.  Destroying  Posters,  Etc. — Hindering  Voter — 
Penalty.]  § 30.  Any  person  who  shall,  prior  to  an  election, 
willfully  destroy  or  deface  any  list  of  candidates  posted  in  ac- 
cordance with  the  provisions  of  this  act,  or  who,  during  an 
election  shall  willfully  deface,  tear  down,  remove  or  destroy  any 
card  of  instructions  or  specimen  ballot  printed  and  posted  for  the 
instruction  of  voters,  or  who  shall,  during  an  election,  willful- 
ly remove  or  destroy  any  of  the  supplies  or  conveniences  fur- 
nished to  enable  voters  to  prepare  their  ballots,  or  shall  will- 
fully hinder  the  voting  of  others,  shall  be  punished  by  a fine 
not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred 
dollars  ($100). 

468.  Destroying  Nomination  Paper — Counterfeit  Bal- 
lot— Penalty.]  § 31.  Any  person  who  shall  falsely  make 
or  willfully  destroy  any  certificate  of  nomination  or  nomination 
papers,  or  any  part  thereof,  or  any  letter  of  withdrawal,  or 
file  any  certificate  of  nomination  or  nomination  paper,  know- 
ing the  same  or  any  part  thereof  to  be  falsely  made,  or  sup- 
press any  certificate  of  nomination  or  nomination  paper,  or  any 
part  thereof,  which  has  been  duly  filed,  or  forge  or  falsely 
make  the  official  indorsement  on  any  ballot,  or  shall  take  from 
the  polling  place  any  official  ballot,  or  substitute  therefore  any 
spurious  or  counterfeit  ballot,  ou  make,  use,  circulate,  or  cause 
to  be  made  or  circulated,  as  an  official  ballot,  any  paper  print- 
ed in  imitation  or  resemblance  thereof,  or  willfully  destroy  or 
deface  any  ballot,  or  willfully  delay  the  delivery  of  any  bal- 
lots, shall  be  punished  by  a fine  not  less  than  one  hundred 
($100)  dollars  and  not  exceeding  one  thousand  ($1,000)  dol- 
lars, or  by  imprisonment  in  the  penitentiary  not  less  than  one 


Elections. 


227 


year  and  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

469-  Official  Neglect — Penalty.]  § 32.  Any  public 
officer  upon  whom  a duty  is  imposed  by  this  act,  who  shall 
willfully  neglect  to  perform  such  duty,  or  who  shall  willfully 
perform  it  in  such  a way  as  to  hinder  the  object  of  this  act, 
shall  be  punished  by  a fine  of  not  less  than  $5  nor  more  than 
$1,000,  or  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year  and  not  exceeding  five  years,  or  by  both  such 
fine  and  imprisonment. 

470.  This  Act  in  Pamphlet  With  Forms  and  Instruc- 
tions. | § 33.  It  shall  be  the  duty  of  the  Secretary  of  State, 

with  the  aid  and  advice  of  the  Attorney  General,  to  cause  one 
thousand  copies  of  this  act  to  be  printed  immediately,  in  pam- 
phlet form,  with  all  necessary  forms  and  instructions,  to  assist 
election  officers  to  carry  it  into  effect,  and  to  distribute  the 
same  through  the  county  clerks  of  the  several  counties  of  the 
State. 

471.  Opening  and  Closing  Polls.]  § 34.  At  all  elec- 
tions to  which  this  act  applies,  except  at  elections  held  in  cities, 
villages  and  incorporated  towns  which  have  heretofore  adopt- 
ed or  may  hereafter  adopt  the  provisions  of  an  act  entitled 
‘‘An  act  regulating  the  holding  of  elections  and  declaring  the 
results  thereof  in  cities,  villages  and  incorporated  towns,”  ap- 
proved June  19,  1885,  the  polls  shall  be  opened  at  seven 
o’clock  in  the  morning  and  shall  be  closed  at  five  in  the  even- 
ing. 

472.  Repeal.]  § 35.  All  acts  and  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed: 
Provided , that  this  act  shall  not  be  construed  to  repeal  an  act 
entitled  “An  act  regulating  the  holding  of  elections  and  de- 
claring the  results  thereof  in  cities,  villages  and  incorporated 
towns,”  approved  June  the  19th,  1885,  or  any  of  the  amend- 
ments thereto;  but  all  elections  in  cities,  villages  and  incorpo- 


228 


Statutes. 


rated  towns  which  may  have  heretofore  adopted  or  may  here- 
after adopt  the  said  act  shall  be  held  in  accordance  with  the 
provisions  of  the  aforesaid  act,  except  as  to  the  manner  of 
making  nominations  for  office,  the  manner  of  providing,  print- 
ing and  distributing  ballots,  the  form  of  ballots,  the  arrange- 
ment and  the  furnishing  of  polling  places  and  voting  booths,  and 
the  manner  of  voting  and  the  numbering  and  preserving  of 
ballots,  all  of  which  shall  be  in  conformity  with  the  provisions 
of  this  act.  No  penalty  provided  for  a violation  of  any  of  the 
provisions  of  this  act  shall  be  construed  as  a substitute  for  or 
repeal  of  any  penalty  provided  in  the  aforesaid  acts  of  June 
19,  1885,  for  a violation  of  any  of  the  provisions  of  this  act. 

473.  Act  to  be  Printed  in  Newspapers.]  § 36.  It 
shall  be  the  duty  of  the  board  of  supervisors  of  each  county 
under  township  organization,  and  of  the  board  of  county  com- 
missioners in  counties  not  under  township  organization,  at 
their  first  meeting  after  the  passage  of  this  act,  to  select  two 
newspapers,  one  from  each  of  the  two  political  parties  casting 
the  greatest  number  of  votes  for  State  Treasurer  at  the  elec- 
tion in  1890,  in  which  this  law  shall  be  published:  Provided ,. 
that  the  pay  for  such  publication  shall  be  fixed  by  said  board 
of  supervisors  or  county  commissioners,  but  in  no  case  shall  it 
exceed  the  sum  of  thirty  dollars  to  each  newspaper  publishing 
the  same.  When  the  board  of  supervisors  or  county  commis- 
sioners have  selected  the  newspapers  in  which  the  law  shall  be 
published,  it  shall  be  the  duty  of  the  county  clerk  to  certify 
such  action  to  the  Secretary  of  State,  who  shall  at  once  furnish 
to  each  of  said  papers  a copy  of  the  law,  and  upon  the  receipt 
of  the  Secretary  of  State  of  a copy  of  said  paper,  with  an  affi- 
davit of  the  publisher  or  business  manager  that  the  law  was 
published  in  each  and  every  copy  of  said  paper  on  a certain 
date  (which  shall  not  be  later  than  thirty  days  after  its  receipt 
from  the  Secretary  of  the  State),  the  Secretary  of  State  shall 
certify  the  amount  fixed  for  the  payment  for  the  publication 
of  this  law  in  said  paper  to  the  Auditor  of  Public  Accounts,. 


Elections. 


229 


who  shall  draw  his  warrant  on  the  Treasurer  for  the  sums 
named:  Provided , that  the  non-publication  of  this  law,  as 
herein  provided,  shall  not  invalidate  the  law. 

Approved  June  22,  1891. 

PRIMARY. 

AN  ACT  to  regulate  primary  elections  of  voluntary  political  associa- 
tions, and  to  punish  frauds  therein.  [Approved  June  6, 1889.  In 
force  July  1,  1889. 

474.  When  Primary  Elections  to  be  Held  Under  This 
Act.]  § 1.  That  all  elections  hereafter  to  be  holden  by  any 
voluntary  political  association  or  party,  for  any  candidate  for 
any  office,  or  for  any  delegates  or  managing  committee,  or  for 
the  nomination  of  candidates  for  public  office,  shall  be  held 
under  the  provisions  of  this  act,  whenever  any  committee  or 
body  authorized  by  the  rules  or  customs  of  such  political  asso- 
ciation, shall  elect  to  accept  and  act  under  such  provisions. 

475.  Desire  Must  be  Expressed  by  a Resolution.] 
•g  2.  Whenever  it  shall  be  the  desire  of  any  such  committee 
or  body  that  such  election  shall  be  held  under  the  provisions 
of  this  act,  such  desire  and  acceptance  shall  be  expressed  by  a 
resolution  duly  passed  by  such  committee  or  body,  which 
resolution  shall  state  that  such  election  will  be  held  under  the 
provisions  of  this  act  under  the  title  of  “Primary  Election 
Law.” 

476.  Committee — Time  and  Place  of  Election.]  § 3. 

Said  committee  or  body  shall  fix  the  time  and  place  of  holding 
such  election  and  the  hours  between  which  the  polls  are  to  be 
kept  open,  and  the  polls  shall,  in  all  cases,  be  kept  open  from 
one  o’clock  p.  m.  to  7 o’clock  p.  m.,  of  the  day  on  which  the 
election  is  held;  they  shall  also  appoint  three  reputable  persons 
to  act  as  judges,  and  two  reputable  persons  to  act  as  clerks  at 
each  polling  place:  Provided , that  in  cities  and  towns  or 
villages  where  there  is  a board  of  election  commissioners  hav- 
ing jurisdiction  of  general  elections,  said  central  or  controlling 


230 


Statutes. 


committee  shall  select  the  judges  and  clerks  from  the  list  of 
regular  election  judges  and  clerks  in  each  ward,  or  voting 
district,  to  serve  at  such  primary  election,  representing  the 
political  association  or  party  calling  said  primary  election. 
Said  judges  and  clerks,  together  with  the  central  committee- 
man, who  acted  with  the  central  or  controlling  committee  in 
calling  said  primary  election,  shall  be  ineligible  as  delegates,, 
alternates  or  proxy  at  such  primary  election,  or  allowed  to  sit 
as  such  in  any  convention,  meeting  or  caucus,  held  for  the 
election  to  which  said  primary  election  or  elections  is  being 
held. 

477.  Notice  of  Election  Under  This  Act — What  to 
Contain.]  § 4.  At  least  ten  days  prior  to  any  such  election 
a notice  of  such  election  shall  be  published  in  some  newspaper 
or  newspapers  of  general  circulation  in  the  district,  ward,  pre- 
cinct, township,  city  or  county  in  and  for  which  the  election  is- 
called;  such  notice  must  be  signed  by  the  secretary  of  the 
committee  or  body  calling  such  election,  and  must  state  the 
purpose,  time,  together  with  the  place  or  places  of  holding 
such  election,  with  a description  of  each  primary  election  dis- 
trict, and  the  three  persons  shall  be  named  therein  who  are 
appointed  for  each  polling  place  to  act  as  judges,  and  two  per- 
sons to  act  as  clerks  of  said  election,  and  who  shall  supervise 
or  preside  at  such  election  in  the  primary  election  district  for 
which  they  are  respectively  appointed,  and  such  judges  and 
clerks  shall  be  legal  voters  and  householders  in  one  of  the  reg- 
ular election  precincts  within  the  primary  election  district  for 
which  they  are  named.  Such  notice  shall  also  declare  that 
such  election  therein  called  will  be  held  in  pursuance  of,  and 
subject  to,  the  provisions  of  this  act,  under  the  title  of  “Pri- 
mary Election  Law,”  and  any  election  held  in  pursuance  of 
any  notice  calling  for  an  election  under  the  “Primary  Election 
Law,”  shall  be  taken  and  deemed  to  be  an  election  under  this 
law. 


Elections. 


231 


478.  Judges — Clerks — Oaths — Duties — Penalty. J §5. 

The  persons  named  as  judges  and  clerks  of  election  in  the 
notice  required  by  section  four  of  this  act,  or  any  persons  as- 
suming or  chosen  to  be  such  judges  and  clerks  in  the  absence, 
refusal  or  failure  to  act  of  any  of  the  judges  or  clerks  named 
in  such  notice,  shall  first  make  oath  or  affirmation  that  they  are 
legal  voters  and  householders  in  one  of  the  regular  election 
precincts  within  the  primary  election  district  for  which  they 
were  appointed  to  serve;  that  they  will  faithfully  and  correctly 
conduct  such  election,  protect  it  against  all  frauds  and  unfair- 
ness, carefully  and  truly  canvass  all  votes  cast  thereat,  and  in 
every  way  conform  to  the  provisions  of  this  act,  and  of  the 
notice  for  the  election,  which  oath  may  be  administered  by  any 
one  of  the  judges,  or  by  any  person  authorized  under  the  laws 
of  the  State  to  administer  oaths.  And  if  one  or  all  of  the  judges 
appointed  to  serve  at  the  election  be  absent,  or  fail  or  refuse 
to  serve  at  the  hour  appointed  for  the  election  to  begin,  then 
the  electors  present  to  the  number  of  not  less  than  five,  possess- 
ing the  qualifications  of  persons  entitles  to  vote  at  said  elec- 
tion, shall  choose  a person  or  persons  to  fill  any  vacancy  that 
may  exist.  Any  violation  of  the  provisions  of  this  section  shall 
be  deemed  a misdemeanor,  and  shall  subject  the  offender  on 
conviction  to  punishment  by  a fine  of  not  less  than  fifty  dollars 
nor  more  than  two  hundred  dollars  or  by  imprisonment  in  the 
county  jail  not  less  than  one  nor  more  than  six  months,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court, 

479.  Who  May  Vote — Commissioners — Lists — Pen- 
alty for  Voting  Contrary  to  This  Act.J  § 6.  Every  legal 
voter  entitled  to  vote  at  regular  elections  within  any  election 
precinct,  included  within  the  primary  district  of  which  he  is  a 
resident  and  who  is  a member  of  the  political  association  or 
party  holding  the  primary  election,  shall  be  entitled  to  vote 
at  such  primary  election : Provided , that  in  cities,  towns  or 
villages  where  there  is  a board  of  election  commissioners  hav- 
ing jurisdiction  of  general  elections,  no  person  shall  be  allowed 


232 


Statutes. 


to  vote  unless  he  shall  be  a member  of  the  political  party  or 
association  holding  such  primary  election  and  shall,  upon  de- 
mand give  the  judges  his  name  and  place  of  residence,  and  he 
shall  state  upon  like  demand  (if  made)  that  he  has  not  voted 
at  any  other  primary  election  held  by  any  other  political  asso- 
ciation or  party  for  a period  of  one  year  prior  to  the  date  of 
the  primary  election  then  held.  He  shall  not  have  voted  at 
this  or  any  other  poll  at  any  primary  election  held  that  day, 
nor  shall  he  be  allowed  to  vote  unless,  in  addition  to  the  quali- 
fications hereinbefore  prescribed,  he  is  a registered  voter  in 
one  of  the  election  precincts  contained  within  the  primary 
election  district  wherein  he  resides,  and  it  shall  be  the  duty  of 
the  board  of  election  commissioners  to  furnish  and  distribute 
among  the  judges  of  every  primary  election  held  under  this 
act,  complete  lists  of  the  registered  voters  in  each  election 
precinct  contained  within  their  respective  primary  election 
districts.  Any  person  who  is  not  a member  of  the  political 
association  or  party  holding  a primary  election  who  votes  at 
such  primary  election  shall  be  deemed  guilty  of  a misdemeanor 
and  shall  be  subject,  on  conviction,  to  punishment  by  a fine  of 
not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  not  less  than  six  months 
or  by  both  such  fine  and  imprisorment  in  the  discretion  of  the 
court;  and  in  any  prosecution  for  the  violation  of  the  provisions 
of  this  act,  wherein  the  fact  as  to  the  political  party  or  asso- 
ciation to  which  the  defendant  belongs  is  material  such  mem- 
bership may  be  shown  by  evidence  of  general  reputation  in 
the  neighborhood  where  said  defendant  resided  at  the  time  of 
committing  the  alleged  offense  as  to  the  political  party  or 
association  to  which  he  belonged. 

480-  Committee  to  Divide  District — Number  of  Voters 
In.J  § 7.  The  committee  or  body  electing  to  hold  a pri- 
mary election  under  this  act,  shall  divide  the  district,  ward, 
township,  city,  town  or  village  into  primary  election  districts. 
Such  primary  election  districts  shall  be  formed  of  contiguous 


Elections. 


233 


election  precincts  in  as  nearly  compact  form  and  as  nearly 
equal  as  circumstances  will  permit;  and  no  such  primary  elec- 
tion district  shall  be  formed  which  shall  contain  more  than  800 
voters  of  the  political  association  or  party  holding  the  primary 
election,  the  number  of  such  voters  to  be  determined  by  the 
vote  cast  at  the  last  preceding  presidential  election.  At  any 
primary  election  held  under  this  act,  the  voters  of  each  of  such 
primary  election  districts  entitled  to  vote  at  such  election  shall 
choose  their  own  representatives  or  delegates. 

481-  Judges  May  Hear  Objections — Oath — Registered 
Voter — Challenge — Penalty.]  §8.  It  shall  be  the  duty  of 
the  judges  of  said  election  to  entertain  objections  made  by  any 
qualified  elector,  within  his  own  primary  election  district,  to 
any  vote  which  may  be  offered,  on  the  ground  that  the  person 
offering  it  is  not  a citizen  of  the  United  States,  or  a legal 
resident  and  voter  under  the  general  election  laws  of  the  State, 
of  the  election  precinct,  ward,  township,  district,  city,  town  or 
village  for  which  the  election  is  held;  or  that  he  is  not  a mem- 
ber of  the  association  or  party  holding  such  election,  or  in  case 
such  person  offering  to  vote  should  be  registered  by  the  terms 
of  this  act,  that  he  is  not  a registered  voter  or  that  he  has  re- 
ceived or  been  promised,  directly  or  indirectly,  any  money,  fee 
or  reward  for  his  vote  for  any  candidate,  or  that  he  has  voted 
before  at  that  place  or  some  other  place  on  that  day,  or  at  the 
same  election;  and  it  shall  be  the  duty  of  one  of  the  judges  of 
the  election,  if  such  objection  be  not  withdrawn,  to  administer 
to  the  person  so  offering  to  vote,  an  oath  or  affirmation  to  the 
general  effect  that  he  will  truly  testify  to  all  matters  relating 
to  his  qualifications  under  the  general  election  laws  of  the 
State,  to  his  residence,  citizenship,  the  political  party  or  asso- 
ciation to  which  he  belongs,  receiving  or  being  promised  di- 
rectly or  indirectly,  any  money,  fee  or  reward  for  his  vote  from 
any  candidate,  or  any  other  person,  or  whether  he  had  voted 
at  that  or  any  other  place  on  that  day  at  such  election,  either 
in  his  own  name  or  that  of  another,  or  under  an  assumed  name. 


234 


Statutes. 


It  shall  then  be  the  duty  of  the  judges  to  interrogate  the  per- 
sons so  objected  to  all  matters  in  particular  upon  which  said 
objection  was  made,  and,  generally,  as  to  all  of  his  qualifica- 
tions as  an  elector  at  such  election.  If  the  person  so  objected 
to  shall  refuse  to  answer  any  questions  asked,  after  said  oath 
or  affirmation  shall  have  been  administered,  or  shall  refuse  to 
take  such  oath,  it  shall  be  the  duty  of  the  judges  to  reject  such 
vote,  and  they  shall  also  reject  such  vote  unless  such  person 
shall  file  with  them  a written  or  printed,  or  partly  written  or 
printed,  statement  by  him,  signed  under  oath,  that  he  is  a quali- 
fied voter  of  the  election  district  in  which  such  election  is  held, 
and  entitled  to  vote  at  such  election;  and  unless  such  statement 
shall  be  accompanied  by  a similar  statement  of  some  person 
known  to  at  least  one  of  the  judges  to  be  a qualified  voter  in 
that  district,  to  the  effect  that  he  knows  the  person  so  chal- 
lenged, and  that  his  statement  is  true,  which  said  last  state- 
ment must  also  be  subscribed  by  the  party  making  it.  Such 
statement  must,  in  all  cases,  expressly  state  that  the  person 
making  it  is  a member  of  the  political  association  or  party 
holding  the  election.  If  such  statements  shall  be  filed  and 
such  oath  be  taken,  and  such  questions  answered  in  such  a 
manner  as  to  show  that  the  applicant  is  qualified  to  vote  at 
such  election,  it  shall  be  the  duty  of  the  judges  of  the  election 
to  receive  such  vote,  and  the  word  “sworn”  shall  be  noted  op- 
posite the  person’s  name  on  the  poll  lists,  to  be  kept  as  herein- 
after provided.  Any  violations  of  the  provisions  of  this  sec- 
tion by  the  judges  of  this  election,  or  either  of  them,  shall  be 
deemed  a misdemeanor,  and  upon  conviction,  shall  subject  the 
party  so  offending  to  punishment  by  a fine  of  not  less  than  one 
hundred  dollars  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  two  nor  more 
than  six  months,  or  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court;  and  any  person  who  shall  upon  taking 
such  oath  or  affirmation,  and  under  the  examination  herein 
authorized,  or  in  the  written  statements  herein  required,  will- 


Elections. 


235 


fully  make  a false  statement  as  to  a matter  pertinent  and  ma- 
terial in  such  examination,  and  shall  be  deemed  guilty  of  per- 
jury, and  upon  conviction  thereof,  be  punished  as  prescribed 
by  law  for  such  offense. 

482-  Offenses  and  Penalties.]  § 9.  Whoever  fraud- 
ulently votes  more  than  once  at  any  primary  election,  or  offers 
to  vote  after  having  voted  once  at  such  election,  or  knowing 
that  he  is  not  a qualified  voter  at  such  election,  willfully  votes 
or  offers  to  vote  at  such  election;  or 

Second — Willfully  aids  or  abets  any  one  not  qualified  to 
vote  at  such  primary  election  in  voting  or  attempting  to  vote 
at  such  election ; or 

Third — By  offering  a reward  or  bribe,  or  by  treating  or 
giving  to  him  any  spirituous,  malt  or  other  liquors,  either  di- 
rectly or  indirectly,  influences  or  attempts  to  influence  any 
voter  in  giving  or  withholding  his  vote  at  such  election;  or 

Fourth — Furnishes  a voter  with  a ticket  or  ballot  informing- 
him  that  it  contains  a name  or  names  different  from  those 
which  appear  thereon,  with  intent  to  induce  him  to  vote  con- 
trary to  his  intentions;  or 

Fifth — Fraudulently  or  deceitfully  changes  a ballot  of  a 
voter  with  intent  to  prevent  such  voter  from  voting  for  such 
person  as  he  intended;  or 

Sixth — Endeavors  to  prevent  the  voting  of  any  voter,  or  the 
exercise  of  lawful  influence  by  any  person  over  a voter  at  such 
election  for  himself  or  for  or  against  any  person,  by  means  of 
violence  or  threats  of  violence,  or  threats  of  withdrawing  cus- 
tom, or  dealing  in  business  or  trade,  or  enforcing  the  payment 
of  a debt,  or  bringing  a suit  or  criminal  prosecution,  or  any 
other  threat  of  injury  to  be  inflicted  by  him  or  by  such  means; 
or 

Seventh — By  bribery  or  corrupt  or  unlawful  means  pre- 
vents or  attempts  to  prevent  any  voter  from  attending  or  vot- 
ing at  such  election;  or 


236 


Statutes. 


Eighth — Gives  or  offers  to  give  any  valuable  thing  or  bribe 
to  any  judge  or  clerk  of  such  election,  as  a consideration  for 
some  act  to  be  done  or  admitted  to  be  done  contrary  to  his 
duty  in  relation  to  such  election,  or  shall  interfere  with  or  dis- 
turb in  any  manner,  any  election  held  under  the  provisions  of 
this  act,  shall  be  deemed  guilty  of  a misdemeanor,  and,  on  con- 
viction thereof,  shall  be  punished  by  a fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  two  nor  more  than  six  months,  or  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

483-  Qualifications — Limitation  — Challengers  — Poll 
List.]  § io.  The  judges  of  such  primary  election  or  elec- 
tions shall  not  require  any  other  or  further  qualifications  of 
voters  at  such  primary  election  than  those  provided  in  this  act, 
and  they  shall  permit  a challenger  for  each  adverse  interest  or 
party  in  the  result  of  such  primary  election,  to  be  and  remain 
within  each  polling  place,  where  such  primary  election  is  be- 
ing held,  and  give  ample  time  and  opportunity  to  any  chal- 
lenger or  any  other  person  to  challenge  each  vote  as  the  same 
is  presented;  said  challengers  shall  be  residents  of  the  primary 
districts  for  which  they  are  chosen.  The  poll  list  shall  con- 
tain the  name  of  each  voter,  with  his  residence,  in  the  order 
which  the  votes  were  cast,  and  the  judges  and  clerks  shall  see 
to  it  that  the  ballot  cast  by  each  voter  shall  receive  the  same 
number  that  is  entered  opposite  the  name  of  such  voter  on 
such  poll  list,  in  the  order  of  and  as  the  votes  are  cast. 

484.  Form  of  Poll  and  Tally  Lists.]  § n.  The  fol- 
lowing is  substantially  the  form  of  the  poll  lists  and  tally  lists 
to  be  kept  by  the  judges  of  election: 


Elections. 


237 


POLL  LIST. 


Of  the  primary  election  held  in  the primary  election  district  of  the 

ward  of in  the  county  of. on  the day  of 

in  the  year A B,  C D and  E F,  judges,  and  A B and  C D,  clerks  of  said 

election,  were  respectively  sworn  (or  affirmed)  as  the  law  directs  previous  to  their 

entering  on  the  duties  of  their  respective  offices. 

Number  and  name  of  electors  voting: 

No.  Name  afid  residence  [ No.  Name  and  residence 

1.  A B 3.  E F. 

2.  CD.  | 4.  G H. 

We  hereby  certify  that  the  number  of  electors  voting  at  this  election  is 


A B. 

CD. 

Clerks. 


A B. 
C D. 
E F. 


Judges  of  Election. 


TALLY  LIST. 


Name  of  persons  voted  for  and  for  what  position,  and  number  of  votes  given  for  each 
candidate. 

We  hereby  certify  that  A B had votes  for and  C D had votes  for ; that  E F 

had votes  for , etc.  A B, 

A B,  CD, 

CD,  E F, 

Clerks.  Judges  of  Election. 


485-  Oaths.]  § 12.  Any  one  of  the  judges  may  admin- 
ister and  certify  oaths  required  to  be  administered  during  the 
progress  of  an  election  held  under  this  act. 


486-  How  Ballots  Printed.]  § 13.  When  the  primary 
election  is  held  for  the  election  of  delegates  the  ballots  shall  be 
written  or  printed,  or  partly  written  and  partly  printed,  and 
when  printed  or  partly  printed  and  partly  written  they  shall 
be  upon  plain  white  paper  without  distinguishing  marks,  the 
paper  to  be  common  print  paper,  and  the  ballots  to  be  3^  by 
6 inches  in  size. 


487.  Ballot  Boxes — How  Kept.]  § 14.  Before  receiv- 
ing any  ballots  the  board  must,  in  the  presence  of  the  persons 
assembled  at  the  polling  place,  open  and  exhibit,  and  then 
close  the  ballot  box;  and  thereafter  it  must  not  be  removed 
from  the  polling  place,  nor  the  view  of  the  bystanders  until  all 
the  ballots  are  counted,  nor  must  it  be  opened  until  after  the 
polls  are  finally  closed. 

488-  Proclamation.]  § 15.  Before  the  judges  receive 
any  ballots,  they  must  cause  it  to  be  proclaimed  aloud,  at  the 
place  of  election,  that  the  polls  are  open. 

489-  Closing  the  Polls.]  § 16.  Fifteen  minutes  before 
the  time  when  the  polls  are  to  be  closed  the  fact  must  be  pro- 


238 


Statutes. 


claimed  aloud  at  the  place  of  election,  and  after  the  polls  are 
closed  no  ballots  must  be  received. 

490-  Canvass — How  Made.]  § 17.  As  soon  as  the 
polls  are  finally  closed  the  judges  and  clerks  must  immediately 
proceed  to  canvass  the  votes  given  at  such  election.  The 
canvas  must  be  public,  in  the  presence  of  the  bystanders,  and 
must  be  continued  withont  adjournment  until  completed,  and 
the  result  thereof  is  declared,  and  must  also  be  conducted  at 
the  polling  place  where  the  election  is  held,  where,  also,  the 
result  as  to  each  candidate  voted  for  must  be,  immediately  on 
the  completion  of  such  canvass,  publicly  proclaimed  by  each 
one  of  the  judges  successively,  in  a loud  voice,  and  such  proc- 
lamation shall  be  ■ -prima  facie  evidence  of  the  result. 

491.  Judges  Conducting  the  Canvass.]  § 18.  In 

conducting  the  canvass,  the  judges  shall  first  count  the  whole 
number  of  ballots  in  the  box,  and  if  the  number  of  such  ballots 
shall  be  found  to  exceed  the  number  of  names  entered  on  the 
polling  lists  they  shall  reject  the  ballots,  if  any  be  found  upon 
which  no  number  is  marked,  or  so  many  thereof,  without 
opening  the  same  or  examining  or  looking  at  the  names  there- 
on, as  may  be  necessary  to  make  the  number  of  ballots  corre- 
spond to  the  number  of  names  entered  on  the  polling  lists; 
but,  if  the  number  of  ballots,  after  rejecting  all  the  unnumbered 
ballots,  still  exceeds  the  number  of  names  entered  on  the 
polling  lists,  they  shall  be  replaced  in  the  box,  and  one  of  the 
judges  shall  publicly  draw  out  and  destroy  so  many  ballots, 
unopened,  and  without  examining  them,  as  shall  be  equal  to 
such  excess. 

492-  Judges  Certificate  to  Tally  Lists.]  § 19.  The 

number  of  ballots  agreeing,  or  being  thus  made  to  agree,  with 
the  number  of  names  on  the  list,  the  lists  must  be  signed  by 
the  judges  and  clerks  of  election,  and  the  number  of  names 
thereon  must  be  set  down  in  words  and  figures  at  the  foot  of 


Elections. 


239 


each  list,  and  over  the  signatures  of  the  judges,  substantially 
in  the  form  prescribed  in  section  eleven. 

493.  Count  of  Ballots.]  § 20.  After  the  lists  are  thus 
signed,  the  judges  must  proceed  to  count  and  ascertain  the 
number  of  votes  cast  for  each  person  voted  for.  The  ballots 
must  be  taken  out  and  opened  by  one  of  the  judges,  and  by 
him  distinctly  read  aloud  and  inspected  by  the  other  two 
judges. 

494.  Poll  Lists — What  to  Show.  J § 21.  The  clerks 
must  write  down  each  office  or  position  to  be  filled,  and  the 
name  of  each  person  voted  for  to  fill  such  office,  and  keep  the 
number  of  votes  for  each  person  for  each  office  by  tallies  as 
they  are  read  aloud. 

495.  Certificate  of  Result. J § 22.  As  soon  as  all  the 
votes  are  counted,  there  must  be  attached  to  the  tally  lists  con- 
taining the  names  of  the  persons  voted  for  and  for  what  office, 
and  the  number  of  votes  given  for  each  candidate,  the  number 
being  written  at  full  length,  and  such  lists  must  be  signed 
by  the  judges  and  clerks,  substantially  in  the  form  given  in 
section  eleven. 

496.  Deposit  of  Poll  and  Tally  Lists.]  § 23.  After 
counting  the  votes,  proclaiming  the  result,  and  signing  the  lists, 
as  above  provided,  and  cause  the  statements  provided  for  in 
section  eight,  and  one  copy  of  the  lists  to  be  delivered  to  the 
secretary  signing  the  notice  of  election,  and  one  of  the  judges 
must  retain  the  other  lists  together  with  the  ballots,  for  twenty 
days  after  the  election,  and  such  statements  and  lists  returned 
to  the  said  secretary  shall  be  by  him,  after  the  expiration  of 
twenty  days,  delivered  to  the  county  clerk  of  the  county  in 
which  such  election  was  held,  and  by  that  officer  kept  with 
the  other  books  and  papers  of  his  office,  open  like  other  pub- 
lic records  to  public  inspection,  for  the  space  of  three  months, 
at  the  end  of  which  time,  if  no  legal  proceedings  have  been 


240 


Statutes. 


instituted,  in  which  such  lists  or  statements  may  be  useful  as 
evidence,  said  county  clerk  may  then  destroy  the  same. 

497.  Certificate  to  Successful  Candidate.]  § 24.  The 

primary  election  judges  or  a majority  of  them  must  issue  cer- 
tificates of  election  to  all  persons  who  are  chosen  to  fill  any 
position  by  the  vote  of  their  primary  election  district. 

498.  Penalties — Not  Otherwise  Declared.]  § 25.  If 

any  peison  shall  be  guilty  of  any  violation  of  this  act,  for 
which  no  punishment  is  herein  especially  provided  for,  he  shall 
be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  less  than  fifty  dollars,  nor  more  than 
two  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less 
than  one  month  nor  more  than  six  months,  or  punished  by 
both  such  fine  and  imprisnment,  in  the  discretion  of  the  court. 

499.  Repeal.]  § 26.  An  act  to  regulate  primary  elec- 
tions of  voluntary  political  associations  and  to  punish  frauds 
therein,  approved  June  22,  1885,  ls  hereby  repealed. 

AN  ACT  to  prevent  and  punish  illegal  voting  at  primary  elections. 

Approved  June  29,  1885.  In  force  July  1,  1885. 

500.  Who  May  Vote  At.]  § 1.  That  it  shall  be  unlaw- 
ful for  any  person  to  vote  at  any  primary  election,  or  at  any 
election  called  to  select  delegates  to  any  convention,  called  either 
for  the  purpose  of  nominating  a candidate  or  candidates  for  any 
elective  office,  or  for  the  purpose  of  selecting  other  delegates 
to  such  convention,  unless  such  person  so  voting  or  offering  to 
vote,  would  be  a qualified  elector  in  the  district  embraced 
within  the  call  for  said  primary  election,  if  the  same  was  a 
general  or  special  election,  held  under  and  in  conformity  with 
the  general  election  laws  of  this  State. 

501-  Violating  Act — Penalty.  | § 2.  Any  persons 

violating  the  provisions  of  this  act,  shall,  on  conviction  thereof, 
be  fined  in  any  sum  not  less  than  one  hundred,  nor  more  than 


Eminent  Domain. 


24T 


five  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less 
than  three  nor  more  than  six  months,  or  both  in  the  discretion 
of  the  court. 


13.  EMINENT  DOMAIN. 


Section. 

502.  Compensation— Jury. 

503.  Proceedings — Parties. 

504.  Petition  in  Vacation. 

505.  Service— Notice. 

506.  Hearing. 

507.  Jury  in  Vacation. 

508.  Impaneling  Jury. 

509.  Oath  of  J ury. 

510.  View  of  Premises— Verdict. 


Section. 

51 1.  Judgment— Payment. 

512.  Cross  Petition. 

513.  Appeal. 

514.  Bond— Use  of  Premises, 

515.  Payment  to  County  Treasurer,  Etc. 

516.  Judgment  Entered. 

517.  Repeal. 

518.  Hands  of  State  Institution  Not  Taken. 


AN  ACT  to  provide  for  the  exercise  of  the  right  of  eminent  domain . 

[Approved  April  10,  1872.  In  force  July  1,  1872. 

502-  Compensation — Jury.]  § 1.  That  private  prop- 
erty shall  not  be  taken  or  damaged  for  public  use  without  just 
compensation;  and  that  in  all  cases  in  which  compensation  is 
not  made  by  the  State  in  its  corporate  capacity,  such  compen- 
sation shall  be  ascertained  by  a jury,  as  hereinafter  prescribed. 

503.  Proceedings — Parties.  ] § 2.  That  in  all  cases 

where  the  right  to  take  private  property  for  public  use,  with- 
out the  owner’s  consent,  or  the  right  to  construct  or  maintain 
any  public  road,  railroad,  plankroad,  turnpike  road,  canal  or 
other  public  work  or  improvement,  or  which  may  damage 
property  not  actually  taken,  has  been  heretofore  or  shall  here- 
after be  conferred  by  general  law  or  special  charter  upon  any 
corporate  or  municipal  authority,  public  body,  officer  or  agent, 
person,  commissioner  or  corporation,  and  the  compensation  to 
be  paid  for  or  in  respect  of  the  property  sought  to  be  appro- 
priated or  damaged  for  the  purpose  above  mentioned  cannot 
be  agreed  upon  by  the  parties  interested,  or  in  case  the  owner 
of  the  property  is  incapable  of  consenting,  or  his  name  or  resi- 
dence is  unknown,  or  he  is  a non-resident  of  the  State,  it  shall 
be  lawful  for  the  party  authorized  to  take  or  damage  the  prop- 


242 


Statutes. 


erty  so  required,  or  to  construct,  operate  and  maintain  any 
public  road,  railroad,  plankroad,  turnpike  road,  canal  or  other 
public  work  or  improvement,  to  apply  to  the  judge  of  the  cir- 
cuit or  county  court,  either  in  vacation  or  term  time,  where 
the  said  property  or  any  part  thereof  is  situate,  by  filing  with 
the  clerk  a petition,  setting  forth,  by  reference,  his  or  their 
authority  in  the  premises,  the  purpose  for  which  said  property 
is  sought  to  be  taken  or  damaged,  a description  of  the  prop- 
erty, the  names  of  all  persons  interested  therein  as  owners  or 
otherwise,  as  appearing  of  record,  if  known,  or  if  not  known 
stating  that  fact,  and  praying  such  judge  to  cause  the  compen- 
sation to  be  paid  to  the  owner  to  be  assessed.  If  the  proceed- 
ings seek  to  affect  the  property  of  persons  under  guardian- 
ship, the  guardians,  or  conservators  of  persons  having  con- 
servators, shall  be  made  parties  defendant,  and  if  of  married 
women  their  husbands  shall  also  be  made  parties.  Persons 
interested,  whose  names  are  unknown,  may  be  made  parties 
defendant  by  the  description  of  the  unknown  owners;  but  in 
all  such  cases  an  affidavit  shall  be  filed  by  or  on  behalf  of  the 
petitioner,  setting  forth  that  the  names  of  such  persons  are 
unknown.  In  cases  where  the  property  is  sought  to  be  taken 
or  damaged  by  the  State  for  the  purpose  of  establishing,  op- 
erating or  maintaining  any  State  house  or  State  charitable  or 
other  State  institutions  or  improvements,  the  petition  shall  be 
signed  by  the  governor  or  such  other  person  as  he  shall  di- 
rect, or  as  shall  be  provided  by  law. 

504.  Petition  in  Vacation.]  § 3.  If  such  petition  be 
presented  to  a judge  in  vacation,  the  judge  shall  note  thereon 
the  day  of  presentation,  and  shall  also  note  thereon  the  day 
when  he  will  hear  the  same,  and  shall  order  the  issuance  of 
summons  to  each  resident  defendant,  and  the  publication  of 
notice  as  to  each  non-resident  defendant,  and  the  clerk  of  the 
court  shall  at  once  issue  the  summons  and  give  the  notices  ac- 
cordingly. 


Eminent  Domain. 


243 


505-  Service — Notice  ] § 4.  Service  of  such  summons 

and  publication  of  such  notice  shall  be  made  as  in  cases  in  chan- 
cery. 

506.  Hearing.]  § 5.  Causes  may  be  heard  by  such 
judges  in  vacation  as  well  as  in  term  time,  but  no  cause  shall 
be  heard  earlier  than  ten  days  after  service  upon  defendant,  or 
upon  due  publication  against  non-residents. 

Several  Tracts.]  Any  number  of  separate  parcels  of  prop- 
erty, situate  in  the  same  county,  may  be  included  in  one 
petition,  and  the  compensation  for  each  shall  be  assessed  sep- 
arately, by  the  same  or  different  juries,  as  the  court  or  judge 
mav  direct. 

Amendments.]  Amendments  to  the  petition,  or  to  any 
paper  or  record  in  the  cause,  may  be  permitted  whenever 
necessary  to  a fair  trial  and  final  determination  of  the  ques- 
tions involved. 

New  Parties — Practice.]  Should  it  become  necessary  at 
any  stage  of  the  proceedings  to  bring  a new  party  before  the 
court  or  judges,  the  court  or  judge  shall  have  the  power  to 
make  such  rule  or  order  in  relation  thereto  as  may  be  deemed 
reasonable  and  proper;  and  shall  also  have  power  to  make  all 
necessary  rules  and  orders  for  notice  to  parties  of  the  pendency 
of  the  proceeding,  and  to  issue  all  process  necessary  to  the 
execution  of  orders  and  judgments  as  they  may  be  entered. 

507-  Jury  in  Vacation.]  § 6.  In  cases  fixed  tor  hear- 
ing of  petition  in  vacation,  it  shall  be  the  duty  of  the  clerk  of 
the  court  in  whose  office  the  petition  is  filed,  at  the  time  of 
issuing  summons  or  making  publication,  to  write  the  names  of 
each  of  sixty-four  disinterested  freeholders  of  the  county  on 
sixty-four  slips  of  paper,  and,  in  presence  of  two  disinterested 
freeholders,  cause  to  be  selected  from  said  sixty-four  names 
twelve  of  said  persons  to  serve  as  jurors — such  selection  to  be 
made  by  lot  and  without  choice  or  discrimination;  and  the 
said  clerk  shall  thereupon  issue  venire , directed  to  the  sheriff 


244 


Statutes. 


of  his  county,  commanding  him  to  summon  the  twelve  persons 
so  selected  as  jurors  to  appear  at  the  court  house  in  said 
county,  at  a time  to  be  named  in  the  venire . 

508.  Impaneling  Jury.]  § 7.  The  petitioner,  and  every 
party  interested  in  the  ascertaining  of  compensation,  shall  have 
the  same  right  of  challenge  of  jurors  as  in  other  civil  cases 
in  the  circuit  courts.  If  the  panel  be  not  full  by  reason  of 
non-attendance,  or  be  exhausted  by  challenges,  the  judge  hear- 
ing such  petition  shall  designate  by  name  the  necessary  num- 
ber of  persons,  of  proper  qualification,  and  the  clerk  or  justice 
shall  issue  another  venire , returnable  instanter,  and  until  the 
jury  be  full. 

509.  Oath  of  Jury.]  § 8.  When  the  jury  shall  have 
been  so  selected,  the  court  shall  cause  the  following  oath  to  be 
administered  to  said  jury: 

You  and  each  of  you  do  solemnly  swear  that  you  will  well  and  truly  ascertain  and  re- 
port just  compensation  to  the  owner  (and  each  owner)  of  the  property  which  it  is  sought 
to  take  or  damage  in  this  case,  and  to  each  person  therein  interested,  according  to  the 
facts  in  the  case,  as  the  same  may  be  made  to  appear  by  the  evidence,  and  that  you  will 
truly  report  such  compensation  so  ascertained;  so  help  you  God. 

510.  View  of  Premises — Verdict.]  § 9.  Said  jury 
shall,  at  the  request  of  either  party,  go  upon  the  land  sought 
to  be  taken  or  damaged,  in  person,  and  examine  the  same,  and 
after  hearing  the  proof  offered  make  their  report  in  writing,, 
and  the  same  shall  be  subject  to  amendment  by  the  jury,  under 
the  direction  of  the  court  or  the  judge,  as  the  case  may  be,  so 
as  to  clearly  set  forth  and  show  the  compensation  ascertained 
to  each  person  thereto  entitled,  and  the  said  verdict  shall 
thereupon  be  recorded : Provided , that  no  benefits  or  advan- 
tages which  may  accrue  to  lands  or  property  affected  shall  be 
set  off  against  or  deducted  from  such  compensation,  in  any 
case. 

511.  Judgment — Payment.]  § 10.  The  judge  or 
court  shall,  upon  such  report  proceed  to  adjudge  and  make 
such  order  as  to  right  and  justice  shall  pertain,  ordering  that 
petitioner  enter  upon  such  property  and  the  use  of  the  same,. 


Eminent  Domain. 


M5 


upon  payment  of  full  compensation,  as  ascertained  as  aforesaid; 
and  such  order,  with  evidence  of  such  payment,  shall  consti- 
tute complete  justification  of  the  taking  of  such  property. 

512.  Cross  Petition.]  § 11.  Any  person  not  made  a 
party  may  become  such  by  filing  his  cross  petition,  setting 
forth  that  he  is  the  owner  or  has  an  interest  in  property,  and 
which  will  be  taken  or  damaged  by  the  proposed  work;  and 
the  rights  of  such  last  named  petitioner  shall  thereupon  be 
fully  considered  and  determined. 

513.  Appeal.]  § 12.  In  all  cases,  in  either  the  circuit 
or  county  court,  or  before  a circuit  or  county  judge,  an  appeal 
shall  lie  to  the  supreme  court. 

514.  Bond — Use  of  Premises.]  § 13.  In  cases  in 
which  compensation  shall  be  ascertained  as  aforesaid,  if  the 
party  in  whose  favor  the  same  is  ascertained  shall  appeal  such 
proceeding,  the  petitioner  shall,  notwithstanding,  have  the 
right  to  enter  upon  the  use  of  the  property  upon  entering  into 
bond,  with  sufficient  surety,  payable  to  the  party  interested  in 
such  compensation,  conditioned  for  the  payment  of  such  com- 
pensation as  may  be  finally  adjudged  in  the  case,  and  in  case 
of  appeal  by  petitioner,  petitioner  shall  enter  into  like  bond 
with  approved  surety.  Said  bonds  shall  be  approved  by  the 
judge  before  whom  such  proceedings  shall  be  had,  and  exe- 
cuted and  filed  within  such  time  as  shall  be  fixed  by  said  judge. 

515.  Payment  to  County  Treasurer,  Etc.]  § 14.  Pay- 
ment of  compensation  adjudged  may,  in  all  cases,  be  made  to 
the  county  treasurer,  who  shall,  on  demand,  pay  the  same  to 
the  party  thereto  entitled,  taking  receipt  therefor,  or  payment 
may  be  made  to  the  party  entitled,  his,  her  or  their  conserva- 
tor or  guardian. 

516-  Judgment  Entered.]  § 15.  The  court  or  judge 
shall  cause  the  verdict  of  the  jury  and  the  judgment  of  the 
court  to  be  entered  upon  the  records  of  said  court. 


246 


Statutes. 


517.  Repeal  .]  § 16.  All  laws  and  parts  of  laws  in  con- 

flict with  the  provisions  of  this  act  are  hereby  repealed:  Pro- 
vided, that  this  act  shall  not  be  construed  to  repeal  any  law 
or  part  of  law  upon  the  same  subject  passed  by  this  general 
assembly;  but  in  all  such  cases  this  act  shall  be  construed  as 
providing  a cumulative  remedy. 

AN  ACT  for  the  further  protection  of  the  state  institutions.  [Approved 
and  in  force  March  9,  1867. 

518.  Lands  of  State  Institutions  Not  Taken.]  § 1. 

No  part  of  any  land  heretofore  or  hereafter  conveyed  to  the 
state  of  Illinois,  for  the  use  of  any  benevolent  institutions  of 
the  state  (or  to  any  such  institutions),  shall  be  entered  upony 
appropriated  or  used  by  any  railroad  or  other  company  for 
railroad  or  other  purposes,  without  the  previous  consent  of  the 
general  assembly;  and  no  court  or  other  tribunal  shall  have  or 
entertain  jurisdiction  of  any  proceeding  instituted  or  to  be 
instituted  for  the  purpose  of  appropriating  any  such  land  for 
any  of  the  puoposes  aforesaid,  without  such  previous  consent. 

14.  EVIDENCE. 

Section.  Section. 

519.  Records,  Etc.,  of  Cities,  Etc.— How  521.  Sworn  Copies. 

Certified-  522  Penalty. 

520.  Form  of  Certificate. 


AN  ACT  in  regard  to  evidence  and  depositions  in  civil  cases.  [Ap- 
proved March  29,  1872.  In  force  July  1,  1872. 

519.  Records,  Etc.,  of  Cities,  Etc.  — How  Certified.] 

§ 14.  The  papers,  entries,  records  and  ordinances,  or  parts 
thereof,  of  any  city,  village,  town  or  county,  may  be  proved 
by  a copy  thereof,  certified  under  the  hand  of  the  clerk  or  the 
keeper  thereof,  and  the  corporate  seal,  if  there  be  any;  if  not, 
under  his  hand  and  private  seal. 

520.  Form  of  Certificate.]  §i 6.  The  certificate  of  any 
such  clerk  of  a court,  city,  village,  town,  county,  or  secretary. 


Fire  Escapes. 


247 


clerk,  cashier,  or  other  keeper  of  any  such  papers,  entries, 
records  or  ordinances,  shall  contain  a statement  that  such  per- 
son is  the  keeper  of  the  same,  and  if  there  is  no  seal,  shall  so 
state. 

521.  Sworn  Copies.]  § 18.  Any  such  papers,  entries, 
records  and  ordinances  may  be  proved  by  copies  examined 
and  sworn  to  by  credible  witnesses. 

522.  Penalty.]  § 19.  If  any  such  officer,  clerk,  secre- 
tary, cashier,  justice  of  the  peace,  or  other  person  authorized 
to  certify  copies  of  any  papers,  entries,  records  or  ordinances, 
shall  knowingly  make  a false  certificate,  he  shall  be  punishable 
in  the  same  manner  as  if  he  were  guilty  of  perjury. 

15.  FIRE  ESCAPES. 


Section. 

523.  Fire-Escapes  to  be  Put  on  Certain 

Buildings  Within  Six  Months — 
Kind  of. 

524.  On  Buildings  Hereafter  Erected. 

525.  Owner  may  be  Compelled  to  Erect- 

Proceedings. 


Section. 

526.  Owner  Failing  to  Erect  on  Notiee 

Penalty. 

527.  Fines— How  Applied. 


AN  ACT  relating  to  fire-escapes  for  buildings.  Approved  June  29, 1885. 

In  force  July  1,  1885. 

523.  Fire-Escapes  to  be  Put  on  Certain  Buildings 
Within  Six  Months — Kind  of.]  § 1.  That  within  six  (6) 
months  next  after  the  passage  of  this  act,  all  buildings  in  this 
State  which  are  four  or  more  stories  in  height,  excepting  such  as 
are  used  for  private  residences  exclusively,  but  including  flats 
and  apartment  buildings,  shall  be  provided  with  one  or  more 
metallic  ladder  or  stair  fire-escapes  attached  to  the  outer  walls 
thereof  and  extending  from,  or  suitably  near  the  ground,  to 
the  uppermost  story  thereof,  and  provided  with  platforms  of 
such  form  and  dimensions,  and  in  such  proximity  to  one  or 
more  windows  of  each  story  above  the  first,  as  to  render  ac- 
cess to  such  ladder  or  stairs  from  each  such  story,  easy  and 


248 


Statutes. 


safe;  the  number,  location,  material  and  construction  of  such 
escapes  to  be  subject  to  the  approval  of  the  board  of  super- 
visors in  counties  under  township  organization,  and  the  board 
of  county  commissioners  in  counties  not  under  township  or- 
ganization, except  in  villages,  towns  and  cities  organized  un- 
der any  general  or  special  law  of  this  State,  such  approval 
shall  be  had  by  the  corporate  authorities  of  such  villages, 
towns  and  cities:  Provided,  however,  that  all  buildings,  more 
than  two  stories  in  height,  used  for  manufacturing  purposes  or 
for  hotels,  dormitories,  schools,  seminaries,  hospitals  or 
asylums;  shall  have  at  least  one  such  fire-escape  for  every 
fifty  (50)  persons  for  which,  working,  sleeping  or  living  ac- 
commodations are  provided  above  the  second  stories  of  said 
buildings;  and  that  all  public  halls,  which  provide  seating 
room  above  the  first  or  ground  story  shall  be  provided  with 
such  numbers  of  said  ladder  or  stair  fire-escapes  as  the  boards 
of  supervisors  or  commissioners  or  corporate  authorities  afore- 
said may  direct, 

524.  On  Buildings  Hereafter  Erected,]  § 2.  All 

buildings  of  the  numbers  of  stories  and  used  for  the  purposes 
set  forth  in  section  one  (1)  of  this  act,  which  shall  be  hereafter 
erected  within  this  State,  shall  upon  or  before  their  comple- 
tion, each  be  provided  with  fire-escapes  of  the  kind  and  num- 
ber, and  in  the  manner  set  forth  in  said  section  one  (1)  of  this 
act. 

525.  Owner  may  be  Compelled  to  Erect — Proceed- 
ings.] § 3.  After  the  expiration  of  six  (6)  months  next  after 
the  passage  of  this  act,  the  boards  of  supervisors  and  commis- 
sioners, and  in  villages,  towns  and  cities,  the  corporate  authori- 
ties thereof,  as  aforesaid  may,  at  any  time,  direct  the  sheriff  of 
their  respective  counties  to  serve  a written  notice  in  behalf  of 
the  people  of  the  State  of  Illinois,  upon  the  owner  or  owners, 
trustees,  lessee,  or  occupant  of  any  building  within  their  county, 
not  provided  with  fire-escapes  in  accordance  with  the  require- 


Fire  Escapes. 


249 

ments  of  this  act,  commanding  such  owners,  trustees,  lessee  or 
occupant,  or  either  of  them,  to  place  or  cause  to  be  placed 
upon  such  building  such  fire-escape  or  escapes  within  thirty 
(30)  days  after  the  service  of  such  notice.  And  the  grand 
juries  of  the  several  counties  of  this  State  may  also  during  any 
term,  visit  or  hear  testimony  relating  to  any  building  or  build- 
ings within  their  respective  counties,  for  the  purpose  of  ascer- 
taining whether  it  or  they  are  provided  with  fire-escapes  in 
accordance  with  the  requirements  of  this  act,  and  submit  the 
result  of  their  inquiry,  together  with  any  recommendations 
they  may  desire  to  make, 'to  the  circuit  court,  except  in  Cook 
county,  and  to  the  criminal  court  of  Cook  county,  and  said 
court  may  thereupon,  if  it  find-  from  the  report  of  said 
grand  jury  that  said  building  or  buildings  is  or  are  not  pro- 
vided with  a fire-escape  or  escapes  in  accordance  with  this 
act,  cause  the  sheriff  to  serve  a notice  or  notices  upon  the 
owner,  trustees,  lessee,  or  occupant  of  such  building  or  build- 
ings. 

526.  Owner  Failing  to  Erect  on  Notice — Penalty.] 

§ 4.  Any  such  owner  or  owners,  trustees,  lessee  or  occupant, 
or  either  of  them,  so  served  with  notice  as  aforesaid,  who 
shall  not  within  thirty  (30)  days  after  the  service  of  such  no- 
tice upon  him  or  them,  place  or  cause  to  be  placed  such  fire- 
escape  or  escapes  upon  such  building  as  required  by  this  act 
and  the  terms  of  such  notice,  shall  be  subject  to  a fine  of  not 
less  than  twenty-five  (25)  or  more  than  two  hundred  (200) 
dollars,  and  to  a further  fine  of  fifty  (50)  dollars  for  each  ad- 
ditional week  of  neglect  to  comply  with  such  notice. 

527-  Fines — How  Applied.]  § 5.  All  the  money  or 
moneys,  collected  as  fines  under  and  by  virtue  of  this  act,  shall 
be  paid  into  or  placed  to  the  credit  of  the  common  school  fund 
of  the  counties  in  which  they  are  collected. 


250 


Statutes. 


i 6.  HORSE  AND  DUMMY  RAILROADS. 


Section. 

528.  Eminent  Domain. 

529.  Compensation  for  Property  Taken  or 


530.  location  of  Road— Consent -Notice- 
Damages. 


Section. 


Damaged. 


531.  Control  of  Streets  Reset ved— Police 
Powers. 


AN  ACT  in  regard  to  horse  and  dummy  railroads.  [Approved  March 
19,  1874.  In  force  July  1,  1874.] 

528.  Eminent  Domain.]  § 1.  That  any  company  which 
has  been,  or  shall  be  incorporated  under  the  general  laws  of 
this  state,  for  the  purpose  of  constructing,  maintaining  or 
operating  any  horse  or  dummy  railroad  or  tramway,  may  enter 
upon  and  appropriate  any  property  necessary  for  the  construc- 
tion, maintenance  and  operation  of  its  road,  and  all  necessary 
siding,  side  tracks  and  appurtenances,  and  may,  subject  to  the 
provisions  contained  in  this  act,  locate  and  construct  its  road 
upon  or  over  any  street,  alley,  road  or  highway,  or  across  or 
over  any  waters  in  this  state,  in  such  manner  as  not  to  un- 
necessarily obstruct  the  public  use  of  such  street,  alley,  road 
or  highway,  or  interrupt  the  navigation  of  such  waters. 

529-  Compensation  for  Property  Taken  or  Damaged.] 

§ 2.  When  it  is  necessary  for  the  construction,  maintenance 
or  operation  of  such  road,  or  the  necessary  sidings,  side  tracks 
or  appurtenances,  to  take  or  damage  private  property,  the 
same  may  be  done,  and  the  compensation  therefor  may  be 
ascertained  and  made  in  the  manner  which  may  be  then  pro- 
vided by  law  for  the  exercise  of  the  right  of  eminent  domain. 

530.  Location  of  Road — Consent — Notice — Damages  ] 

g 3.  No  such  company  shall  have  the  right  to  locate  or  con- 
struct its  road  upon  or  along  any  street  or  alley,  or  over  any 
public  ground  in  any  incorporated  city,  town  or  village,  with- 
out the  consent  of  the  corporate  authorities  of  such  city,  town 
or  village,  nor  upon  or  along  any  road  or  highway,  or  upon 
any  public  ground  without  any  incorporated  city,  town  or  vil- 


Horse  and  Dummy  Railroads.  251 

lage,  except  upon  the  consent  of  the  county  board.  Such 
consent  may  be  granted  for  any  period,  not  longer  than  twenty 
years,  on  the  petition  of  the  company,  upon  such  terms  and 
conditions,  not  inconsistent  with  the  provisions  of  this  act,  as 
such  corporate  authorities  or  county  board,  as  the  case  may 
be,  shall  deem  for  the  best  interests  of  the  public:  Provided , 
no  such  consent  shall  be  granted,  unless  at  least  ten  days’ 
public  notice  of  the  time  and  place  of  presenting  such  petition 
shall  have  been  first  given  by  publication  in  some  newspaper 
published  in  the  city  or  county  where  such  road  is  to  be  con- 
structed, and  except  upon  the  condition  that  the  company  will 
pay  all  damages  to  owners  of  property  abutting  upon  the 
street,  alley,  road,  highway  or  public  ground  upon  or  over 
which  such  road  is  to  be  constructed,  which  they  may  sustain 
by  reason  of  the  location  or  construction  of  the  road;  the 
same  to  be  ascertained  and  paid  in  the  manner  provided  by 
law  for  the  exercise  of  the  right  of  eminent  domain. 

531.  Control  of  Streets  Reserved  — Police  Power.] 

§ 4.  Every  grant  to  any  such  company  of  a right  to  use  any 
street,  alley,  road,  highway  or  public  ground,  shall  be  subject 
to  the  right  of  the  proper  authorities  to  control  the  use,  im- 
provement and  repair  of  such  street,  alley,  road,  highway  or 
public  ground,  to  the  same  extent  as  if  no  such  grant  had 
been  made,  and  to  make  all  necessary  police  regulations  con- 
cerning the  management  and  operation  of  such  railroad, 
whether  such  right  is  reserved  in  the  grant  or  not. 


252 


Statutes. 


17.  HOUSE  OF  CORRECTION. 


Section. 

532.  Cities  May  Establish. 

533.  Inspectors  — Appointment— Term  of 

Office. 

534.  Rules— Employes— Appropriations. 

535.  Compensation  and  Duties  of  Inspec- 

tors— Records. 

536.  Books— Quarterly  Statement  — Ac- 

counts. 

537.  Further  Reports — Removal  of  Officers 

Etc. 

538.  Duties  of  Superintendent— Appoint- 

ment—Term  of  Office— Deputy. 

539.  County  may  use  House  of  Correction. 


Section. 

540.  Commitment. 

541.  Conveying  Convict  to  House  of  Cor- 

rection. 

542.  Application  of  Other  Taws,  Etc. 

543.  House  of  Shelter. 

544.  Expenses. 

545.  United  States  Convict. 

546.  Bridewell  Changed  to  House  of  Cor- 

rection. 

547.  Salary  of  Superintendent— Record  of 

Conduct— Good  Time. 

548.  Oath— Bond. 


AN  ACT  to  establish  houses  of  correction,  and  authorize  the  confine- 
ment of  convicted  persons  therein.  [Approved  April  25,  1871.  In 
force  July  1,  1871. 

532.  Cities  May  Establish.]  § 1.  That  it  shall  be  law- 
ful for  the  municipal  authorities,  or  any  city  within  this  State 
to  establish  a house  of  correction,  which  shall  be  used  for  the 
confinement  and  punishment  of  criminals,  or  persons  sentenced 
or  committed  thereto  under  the  provisions  of  this  act,  or  any 
law  of  this  State,  or  ordinance  of  any  city  or  village,  author- 
izing the  confinement  of  convicted  persons  in  any  such  house 
of  correction. 

533.  Inspectors — Appointment — Term  of  Office.]  § 2. 

The  management  and  direction  of  any  house  of  correction  al- 
ready established  or  which  may  hereafter  be  established  in 
any  such  city,  shall  be  under  the  control  and  authority  of  a 
board  of  inspectors,  to  be  appointed  for  that  purpose  as  in  this 
section  directed.  The  mayor  of  said  city  shall,  by  virtue  of 
his  office,  be  a member  of  said  board,  who,  together  with  three 
persons  to  be  appointed  by  the  mayor,  by  and  with  the  advice 
and  consent  of  the  legislative  authority  of  said  city,  shall  con- 
stitute the  said  board  of  inspectors.  The  term  of  office  for 
the  appointed  members  of  said  board  shall  be  three  years,  but 
the  members  first  appointed  shall  hold  their  office,  respectively, 


House  of  Correction. 


253 


as  shall  be  determined  by  lot  at  the  first  meeting  of  said  board, 
for  one,  two  and  three  years  from  and  after  the  first  Monday 
in  May,  in  the  year  of  our  Lord  1871,  and  thereafter  one 
member  shall  be  appointed  each  year  for  the  full  term  of  three 
years. 

534.  Rules — Employees — Appropriations.]  § 3.  That 
whenever  a board  of  inspectors  have  been  organized  as  in 
section  second  of  this  act  directed,  they  shall  have  power  and 
authority  to  establish  and  adopt  rules  for  the  regulation  and  dis- 
cipline of  the  said  house  of  correction,  for  which  they  have  re- 
spectively been  appointed,  and,  upon  the  nomination  of  the  su- 
perintendent thereof,  to  appoint  the  subordinate  officers,  guards 
and  employees  therof;  to  fix  their  compensation  and  prescribe 
their  duties  generally;  to  make  all  such  by-laws  and  ordinances 
in  relation  to  the  management  and  government  thereof  as 
they  shall  deem  expedient.  No  appropriation  of  money  shall 
be  made  by  the  said  board  of  inspectors  for  any  purpose  other 
than  the  ordinary  and  necessary  expenses  and  repairs  of  said 
institution,  except  with  the  sanction  of  the  legislative  authority 
of  said  city. 

535.  Compensation  and  Duties  of  Inspectors — Rec- 
ords.] § 4.  Said  inspectors  shall  serve  without  fee  or  com- 
pensation. There  shall  be  a meeting  of  the  entire  board,  at 
the  house  of  correction,  once  in  every  three  months,  when 
they  shall  fully  examine  into  its  management  in  every  depart- 
ment, hear  and  determine  all  complaints  or  questions  not 
within  the  province  of  the  superintendent  to  determine,  and 
make  such  further  rules  and  regulations  for  the  good  govern- 
ment of  said  house  of  correction  as  to  them  shall  seem  proper, 
and  necessary.  One  of  said  appointed  inspectors  shall  visit 
the  said  house  of  correction  once,  at  least,  in  each  month.  All 
rules,  regulations  or  other  orders  of  said  board  shall  be  record- 
ed in  a book  to  be  kept  for  that  purpose,  which  shall  be 
deemed  a public  record,  and,  with  the  other  books  and  rec- 


254 


Statutes. 


ords  of  said  house  of  correction,  shall  be  at  all  times  subject 
to  the  examination  of  any  member  or  committee  of  the  legis- 
tive  authority,  the  comptroller,  treasurer,  corporation  counsel 
or  attorney  of  any  city. 

536.  Books — Quarterly  Statement — Accounts.]  § 5. 

The  books  of  said  house  of  correction  shall  be  so  kept  as  to 
clearly  exhibit  the  state  of  the  prisoners,  the  number  received 
and  discharged,  the  number  employed  as  servants  or  in  cul- 
tivating or  improving  the  premises,  the  number  employed  in 
each  branch  of  industry  carried  on,  and  the  receipts  from,  and 
expenditures  for,  and  on  account  of,  each  department  of  busi- 
ness, or  for  improvement  of  the  premises.  A quarterly  state- 
ment shall  be  made  out,  which  shall  specify  minutely,  all  re- 
ceipts and  expeditures,  from  whom  received  and  to  whom 
paid,  and  for  what  purpose-  proper  vouchers  for  each,  to  be 
audited  and  certified  by  the  inspectors,  and  submitted  to  the 
comptroller  of  said  city,  and  by  him,  to  the  legislative  au- 
thority thereof,  for  examination  and  approval.  The  accounts 
of  said  house  of  correction  shall  be  annually  closed  and  bal- 
anced on  the  first  day  of  January  of  each  year,  and  a full  report 
of  the  operations  of  the  preceding  year,  shall  be  made  out  and 
submitted  to  the  legislative  authority  of  said  city,  and  go  to  the 
Governor  of  the  State,  to  be  by  him  transmitted  to  the  Gen- 
eral Assembly.  [As  amended  by  act  approved  May  31,  1879. 
In  force  July  1,  1879. 

537.  Further  Reports — Removal  of  Officers,  Etc.] 

§ 6.  The  legislative  authority  of  said  city  may  require  such 
further  reports  and  exhibits  of  the  condition  and  management 
of  such  institution  as  to  them  shall  seem  necessary  and  proper, 
and  may,  with  the  approval  of  the  mayor,  remove  any  inspec- 
tor of  said  institution.  But  any  subordinate  officer  or  em- 
ployee may  be  removed  by  the  superintendent  at  his  discretion, 
but  immediately  upon  the  removal  of  such  officer  or  employee, 
he  shall  report  to  said  board  the  name  of  the  person  removed, 
and  the  cause  of  such  removal. 


House  of  Correction. 


255 


538.  Duties  of  Superintendent — Appointment — Term 
of  Office — Deputy.]  § 7.  The  superintendent  of  said  house 
of  correction  shall  have  entire  control  and  management  of  all 
its  concerns,  subject  to  the  authority  established  by  law,  and 
the  rules  and  regulations  adopted  for  its  government.  It  shall 
be  his  duty  to  obey  and  carry  out  all  written  orders  and  in- 
structions of  the  inspectors  not  inconsistent  with  the  laws,  rules 
and  regulations  relating  to  the  government  of  said  institution. 
He  shall  be  appointed  by  the  mayor  by  and  with  the  consent 
of  said  board  of  inspectors,  and  shall  hold  his  office  for  four 
years  and  until  his  successor  shall  have  been  duly  appointed 
and  qualified,  but  he  may  be  removed  by  the  inspectors  at  any 
time,  when  in  their  judgment  it  shall  be  advisable.  He  shall 
be  responsible  for  the  manner  in  which  said  house  of  correc- 
tion is  managed  and  conducted.  He  shall  reside  at  said  house 
of  correction,  devote  all  his  time  and  attention  to  the  business 
thereof,  and  visit  and  examine  into  the  condition  and  manage- 
ment of  every  department  thereof  and  of  eaclv prisoner  there- 
in confined,  daily.  He  shall  exercise  a general  supervision 
and  direction  in  regard  to  the  discipline,  police  and  business 
of  said  house  of  correction.  The  deputy  superintendent  of 
said  house  of  correction  shall  have  and  exercise  the  powers  of 
the  superintendent  in  his  absence,  so  far  as  relates  to  the  disci- 
pline thereof  and  the  safe  keeping  of  prisoners. 

539.  County  May  Use  House  of  Correction.]  § 8. 
The  board  of  supervisors  or  commissioners  of  any  county,  and 
the  board  of  trustees  of  any  village  or  town,  in  any  county  in 
this  State,  in  which  a house  of  correction  is  established,  shall 
have  full  power  and  authority  to  enter  into  an  agreement  with 
the  legislative  authority  of  such  city,  or  with  any  authorized 
agent  or  officer  in  behalf  of  such  city,  to  receive  and  keep  in 
said  house  of  correction  any  person  or  persons  who  may  be 
sentenced  or  committed  thereto,  by  any  court  or  magistrate, 
in  any  of  said  counties,  whenever  such  agreement  shall  have 
been  made,  it  shall  be  the  duty  of  the  board  of  supervisors  or 


256 


Statutes. 


commissioners  for  any  county  in  behalf  of  which,  such  agree- 
ment shall  have  been  made,  or  of  the  trustees  of  the  village  or 
town,  in  behalf  of  which,  such  agreement  has  been  made,  as 
the  case  may  be,  to  give  public  notice  thereof,  in  some  news- 
paper printed  and  published  within  said  county,  for  a period 
not  less  than  four  weeks,  and  such  notice  shall  state  the  period 
of  time  for  which  such  agreement  will  remain  in  force. 
[As  amended  by  act  approved  May  31,  1879.  In  f°rce  July 
1, 1879. 

540.  Commitment.]  § 9.  In  counties,  towns  and  vil- 

lages having  such  agreement  with  any  such  city,  it  shall  be 
the  duty  of  every  court,  police  justice,  justice  of  the  peace,  or 
other  magistrate  in  such  county,  town  or  village,  by  whom 
any  person,  for  any  crime  or  misdemeanor,  punishable  by  im- 
prisonment in  the  county  jail,  shall  be  convicted,  to  commit 
such  person  to  the  said  house  of  correction,  in  lieu  of  commit- 
ting him  to  the  county  jail,  village  or  town  calaboose,  there  to 
be  received,  and  kept  in  the  manner  prescribed  by  law  and 
the  discipline  of  said  house  of  correction.  And  it  shall  be  the 
duty  of  such  court,  police  justice,  justice  of  the  peace,  or  other 
magistrate,  by  a warrant  of  commitment,  duly  issued,  to  cause 
such  person  so  sentenced,  to  be  forthwith  conveyed  by  some 
proper  officer  to  said  house  of  correction.  [As  approved  May 
31,  1879.  1°  force  July  1,  1879. 

541.  Conveying  Convict  to  House  of  Correction — Fees.] 

§ 10.  It  shall  be  the  duty  of  the  sheriff,  constable  or  other 
officer  in  and  for  any  county  having  such  agreement  with  any 
such  city  to  whom  any  warrrnt  of  commitment  for  that  pur- 
pose may  be  directed  by  any  court,  justice  or  magistrate  afore- 
said, in  such  county,  to  convey  such  person  so  sentenced  to 
the  said  house  of  correction,  and  there  deliver  such  person  to 
the  keeper  or  other  proper  officer  of  said  house  of  correction, 
whose  duty  it  shall  be  to  receive  such  person  so  sentenced, 
and  to  safely  keep  and  emplov  such  person  for  the  term  men- 


House  of  Correction. 


257 


tioned  in  the  warrant  of  commitment,  according  to  the  laws 
of  said  house  of  correction;  and  the  officers  thus  conveying 
and  so  delivering  the  person  or  persons  so  sentenced  shall  be 
allowed  such  fees,  as  compensation  therefor,  as  shall  be  pre- 
scribed or  allowed  by  the  board  of  supervisors  or  commis- 
sioners of  the  said  county. 

542.  Application  of  Other  Laws,  Etc.J  § 11.  All 

provisions  of  law  and  ordinances  authorizing  the  commitment 
and  confinement  of  persons  in  jails,  bridewells  and  other  city 
prisons,  are  hereby  made  applicable  to  all  persons  who  may 
or  shall  be,  under  the  provisions  of  this  act,  sentenced  to  such 
house  of  correction. 

543.  House  of  Shelter.]  § 12.  It  shall  be  lawful  for 
the  inspectors  of  any  such  house  of  correction  to  establish  in 
connection  with  the  same  a department  thereof,  to  be  called  a 
house  of  shelter,  for  the  more  complete  reformation  and  edu- 
cation of  females.  The  inspectors  shall  adopt  rules  and  regu- 
lations by  which  any  female  convict  may  be  imprisoned  in  one 
or  more  separate  apartments  of  the  said  house  of  correction, 
or  of  the  department  thereof  called  the  house  of  shelter.  The 
superintendent  of  said  house  of  correction  shall  appoint,  by 
and  with  the  advice  of  the  board  of  inspectors,  a matron  and 
other  teachers  and  employees  for  the  said  house  of  shelter, 
whose  compensation  shall  be  fixed  and  provided  for  as  in  this 
act  provided  for  the  officers  and  other  employees  of  the  said 
house  of  correction. 

544.  Expenses.]  § 13.  The  expenses  of  maintaining 
any  such  house  of  correction  over  and  above  all  receipts  for 
the  labor  of  persons  confined  therein,  and  such  sums  of  money 
as  may  be  received  from  time  to  time  by  virtue  of  an  agree- 
ment with  a county,  as  in  this  act  contemplated,  shall  be  aud- 
ited and  paid  from  time  to  time  by  the  legislative  authority  of 
such  city,  and  shall  be  raised,  levied  and  collected  as  the  ordi- 
nary expenses  of  the  said  city. 


258 


Statutes. 


545.  United  States  Convicts.]  § 14.  It  shall  be  law- 
ful for  the  inspectors  of  any  such  house  of  correction  to  enter 
into  an  agreement  with  any  officer  of  the  United  States  auth- 
orized therefor,  to  receive  and  keep  in  such,  house  of  correction 
any  person  sentenced  thereto,  or  ordered  to  be  imprisoned 
therein,  by  any  court  of  the  United  States  or  other  federal 
officer,  until  discharged  by  law. 

546.  Bridewell  Changed  to  House  of  Correction.]  §15. 

That  in  any  such  city  having,  prior  to  the  passage  of  this  act, 
established  a bridewell  for  the  confinement  of  convicted  per- 
sons, such  institution  shall,  immediately  upon  the  appointment 
of  the  inspectors  in  this  act  contemplated,  be  known  and  de- 
nominated as  the  house  of  correction  of  the  city  in  which  it  is 
located. 

547.  Salary  of  Superintendent — Record  of  Conduct — 
Good  Time.]  § 16.  The  superintendent  of  any  such  house 
of  correction  shall  receive  a salary  per  annum,  to  be  fixed  by 
the  legislative  authority  of  such  city,  to  be  paid  quarterly.  It 
shall  be  his  duty  to  keep  a record  of  each  and  all  infractions 
of  the  rules  and  discipline  of  said  house  of  correction,  with  the 
names  of  each,  the  convict  offending,  and  the  date  and  char- 
acter of  each  offense,  and  every  convict  sentenced  or  com- 
mitted for  six  months  or  more,  whose  name  does  not  appear 
upon  such  record,  shall  be  entitled  to  a deduction  of  three 
days  per  month  from  his  or  her  sentence,  for  each  month  he 
or  she  shall  continue  to  obey  all  the  rules  of  said  house  of  cor- 
rection. 

548.  Oath — Bond.]  §17.  The  inspectors  of  any  such 
house  of  correction  and  the  superintendent  thereof,  shall,  be- 
fore they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  usual  oath  of  office.  Said  inspectors  and 
superintendents  shall  severally  give  bond  to  such  city  with 
sureties,  and  in  a penal  sum  such  as  may  be  required  by  the 


Insurance. 


259 

legislative  authority  thereof,  for  the  faithful  performance  of 
their  duties. 

[§  18,  repeal,  omitted.  See  “Statutes,”  ch.  131,  § 5. 

18.  INSURANCE. 

Section. 

549.  Tax  on  Net  Receipts. 


AN  ACT  to  incorporate  and  govern  fire,  marine  and  inland  navigation 
insurance  companies  doing  business  in  the  state  of  Illinois.  [Ap- 
proved and  in  force  March  11,  1879. 

549.  Tax  on  Net  Receipts.]  § 30.  Every  agent  of 
any  insurance  company,  incorporated  by  the  authority  of  any 
other  State  or  government,  shall  return  to  the  proper  officer 
of  the  county,  town  or  municipality  in  which  the  agency  is 
established,  in  the  month  of  May,  annually,  the  amount  of  the 
net  receipts  of  such  agency  for  the  preceding  year,  which 
shall  be  entered  on  the  tax  lists  of  the  county,  town  and  mu- 
nicipalitv,  and  subject  to  the  same  rate  of  taxation,  for  all  pur- 
poses,— State,  county,  town  and  municipal — that  other  per- 
sonal property  is  subject  to  at  the  place  where  located;  said 
tax  to  be  in  lieu  of  all  town  and  municipal  licenses;  and  all 
laws  and  parts  of  laws  inconsistent  herewith  are  hereby  re- 
pealed : Provided , that  the  provisions  of  this  section  shall  not 
be  construed  to  prohibit  cities  having  an  organized  fire  de- 
partment from  levying  a tax,  or  license  fee,  not  exceeding  two 
per  cent.,  in  accordance  with  the  provisions  of  their  respective 
charters,  on  the  gross  receipts  of  such  agency,  to  be  applied 
exclusively  to  the  support  of  the  fire  department  of  such  city. 
[As  amended  by  act  approved  May  31,  1879.  In  force  July 


26o 


Statutes. 


19.  LANDINGS  AND  LEVEES. 


Section. 

550.  When  Landings  and  Levees  may  be 

Leased. 

551.  What  Lands  -When  Lease  May  Take 

Effect— Definition— Restriction. 

552.  Authorized  to  Protect  From  Overflow 

by  Levees,  Etc. 

553.  May  Purchase  or  Condemn  Land. 

554.  When  Notice  may  be  Given  to  Owner 

of  Levees,  Etc  , to  Repair. 

555.  When  may  be  Repaired  by  City,  Etc. 

556.  City  May  Enter  to  Repair. 

557.  Work  Charged  to  Party  Liable  and  to 

be  a I.ien. 


Section. 

558.  How  Lien  Enforced. 

559.  Who  May  Purchase  at  Sale. 

560.  Emergency  — Repairs  — Payment  — 

Lien— Defense. 

561.  Landing  Places  — Ordinances  — Tolls 

—Grade— Penalty. 

562.  Stagnant  Water  — Nuisance  — Abate- 

ment of. 

563.  Liability  of  Proprietors  of  City  Sub- 

ject to  Overflow  ior  Damages— In- 
sufficient Levees. 

564.  Proceedings  Where  Land  Below 

Grade. 


AN  ACT  to  authorize  incorporated  cities,  towns  or  villages  in  this  state, 
situated  upon  the  banks  of  navigable  rivers,  to  lease  parts  of  their 
public  landings  or  levees.  [Approved  March  31,  1874.  In  force 
July  1,  1874. 

550.  When  Landings  and  Levees  May  be  Leased.] 

§ 1.  That  whenever,  in  the  opinion  of  the  legislative  author- 
ity of  any  incorporated  city,  or  of  the  president  and  board  of 
trustees  of  any  incorporated  town  or  village  of  this  state,  situ- 
ate upon  the  banks  of  any  navigable  river,  the  lands  acquired 
and  owned  by  any  such  city,  town  or  village,  for  the  purpose 
of  a public  landing  or  public  levee,  are  not  immediately  re- 
quired for  such  purpose,  then  any  such  city,  town  or  village 
may  lease  such  parts  of  such  landing  or  levee  as  may  be 
thought  best  by  the  legislative  authority  of  such  city,  or  pres- 
ident and  board  of  trustees  of  such  town  or  village,  for  the 
purpose  of  erecting  manufactories,  warehouses  or  grain  eleva- 
tors thereon : Provided , no  such  lease  shall  extend  beyond 
the  period  of  twenty- five  years  from  its  execution. 

551.  What  Lands — When  Lease  May  Take  Effect — 
Definition — Restriction.]  § 2.  That  the  right  of  any  such 
city,  town  or  village  to  lease  any  part  of  the  land  in  the  fore- 
going section,  shall  embrace  all  such  lands  as  may  have  been 
conveyed  to  the  same:  Provided , however , no  such  lease  shall 
take  effect  or  be  in  force  until  approved  by  an  order,  resolu- 


Landings  and  Levees. 


261 


tion  or  ordinance  of  the  legislative  authority  of  such  city,  or 
president  and  board  of  trustees  of  such  town  or  village.  The 
words  “ legislative  authority,”  when  used  in  this  act,  shall  be 
held  to  include  the  common  couucil.  The  provisions  of  this 
act  shall  not  apply  to  cities  having  over  one  hundred  thousand 
inhabitants. 

AN  ACT  to  authorize  cities,  towns  and  villages  to  protect  the  sight 
thereof  from  overflow  and  inundation,  and  to  regulate  and  control 
private  levees, private  wharves  and  landingplaces,orembankments, 
and  to  compel  the  repairs  and  improvement  of  such  levees  or  em- 
bankments, and  to  cause  low  lots,  blocks  or  parcels  of  land  within 
the  corporate  limits  to  be  filled  so  as  to  prevent  standing  water 
thereon,  and  to  authorize  cities,  towns  and  villages  to  purchase  or 
condemn  lands,  sand  banks,  gravel  pits,  and  rock  quaries,  for  any 
of  the  purposes  above  named.  [Approved  and  in  force  May  19, 
1883. 

552.  Authorized  to  Protect  from  Overflow  and  Inunda- 
tion by  Levees,  Etc.  J § 1.  That  all  cities,  towns  and  vil- 
lages in  this  State,  whether  incorporated  under  the  general 
incorporation  act  for  cities,  towns  and  villages  or  under  any 
special  charter  that  are  subject  to  overflow  or  inundation  shall 
have  power  to  protect  the  sight  of  such  city,  town  or  village 
from  overflow  or  inundation  by  levees,  dykes,  or  embank- 
ments of  such  heights  and  dimensions  as  the  corporate  author- 
ities of  such  city,  town  or  village  may  deem  proper. 

553.  May  Purchase  or  Condemn  Lands,  Etc.J  § 2. 

Such  city,  town  or  village  may  purchase  or  enter  upon  and 
condemn  lands  for  the  location  and  construction  of  any  such 
levee,  or  for  the  repairs  of  any  levee,  or  dyke  now  built,  or 
surrounding  any  such  city,  town  or  village,  in  the  same  man- 
ner that  lands  and  right  of  way  is  now  condemned  for  railroad 
purposes. 

554.  When  Notice  May  be  Given  to  Owner  of  Levees, 
Etc.,  to  Repair.]  § 3.  In  all  instances  where  any  city,  town 
or  village  in  this  State  is  now,  or  shall  hereafter  be  surrounded 
in  whole  or  in  part  by  any  levee,  dyke,  embankment  or  other 


262 


Statutes. 


structure,  which  is  used  or  permitted  to  be  used  as  a protection 
to  any  such  city,  town  or  village  from  overflow  and  inunda- 
tion, and  which  is  owned  or  claimed,  in  whole  or  in  part,  by 
any  individual,  private  corporation  or  trust  company,  and 
whose  duty  it  is  in  law  or  equity  to  keep  up  and  maintain  such 
levee,  dyke,  embankment  or  other  structure,  and  the  same 
shall  be  found  to  be  insufficient  in  width  or  heighth,  or  too 
steep  of  grade,  or  which  shall  become  impaired  by  wash  or 
abrasion  of  the  rivers,  by  caving  banks,  by  impairment  of  the 
base  or  surface  of  the  slope,  or  any  other  injury  that  may  hap- 
pen to  any  such  levee,  dyke,  embankment  or  other  structure,, 
that  in  the  judgment  of  the  city  council,  or  board  of  trustees, 
or  other  municipal  authorities  of  any  such  city,  town  or  village,, 
shall  become  unsafe  or  insecure  for  the  purpose  for  which  it 
was  erected  or  used,  and  the  party  whose  duty  it  is  in  law  or 
equity  to  protect,  maintain,  and  keep  in  repair  such  levees, 
embankments  or  dykes,  shall  not  repair,  enlarge,  or  heighten 
the  same,  as  the  case  shall  demand,  it  shall  be  the  duty  of  the 
city  council,  or  board  of  trustees  of  any  such  city,  town  or 
village,  to  cause  notice  to  be  served  upon  the  owner  or  person 
in  charge  of  any  such  levee,  dyke,  embankment  or  structure, 
or  any  agent  of  any  such  owner  or  person  in  charge  thereof, 
of  the  condition,  impairment  or  insufficiency  of  any  such  levee, 
dyke,  embankment  or  other  structure,  and  that  the  same  must 
be  repaired  or  improved  as  directed  in  said  notice. 

555.  When  May  be  Repaired  by  City,  Etc.]  § 4.  If 
the  owner,  or  agent  or  the  person  in  possession  of  any  levee, 
dyke,  embankment  or  other  structure,  shall  not,  within  ten 
days  from  the  date  of  service  of  any  such  notice,  in  good  faith 
commence  the  work  so  to  be  done,  and  continue  the  same 
with  all  reasonable  diligence  until  it  is  completed,  any  such 
city,  town  or  village  may  declare  such  levee  a nuisance,  and 
proceed  to  repair  or  improve  the  same  so  as  to  make  such 
levee,  dyke  or  embankment  secure  and  sufficient  for  the  pur- 
poses for  which  it  was  intended  or  used. 


Landings  and  Levees. 


263 


556.  City  May  Enter  to  Repair.]  § 5.  For  the  pur- 
pose of  making  any  such  repairs  or  improvements,  any  such 
city,  town  or  village  may  enter  upon  any  of  the  adjacent  lands 
of  the  owner  of  any  such  levee,  dyke  or  embankment  and  take 
therefrom  any  earth,  sand,  stone  or  other  material  for  the  pur- 
pose of  making  such  improvement  or  repairs,  without  being 
liable  for  tresspass  or  the  value  thereof. 

557.  Work  Charged  to  Party  Liable  and  to  be  a Lien.  | 

§ 6.  All  such  work  done  upon  any  such  levee,  dyke  or  em- 
bankment, by  any  city,  town  or  village,  shall  be  charged  up 
to  the  party  liable  therefor,  and  shall  be  a lien  upon  any  such 
levee,  dyke  or  embankment,  and  any  connecting  levee,  dyke 
or  embankment  which  forms  a part  of  the  system  of  levee 
protection  intended  for  such  city,  town  or  village,  belonging  to 
the  party  so  liable,  notwithstanding  the  lines  of  levees  may  be 
disconnected  by  intervening  ownerships. 

558.  How  Lien  Enforced.]  § 7.  If  the  expense  in- 
curred by  any  such  city,  town  or  village  is  not  paid  by  such 
owner  or  person  liable,  within  twenty  days  of  the  presentation 
of  the  bill  therefor,  by  the  city,  town  or  village  clerk,  when 
directed  by  the  city  council  or  board  of  trustees,  then  such 
city,  town  or  village  may  enforce  the  lien  hereby  created  in 
any  court  of  competent  jurisdiction,  in  the  same  manner  as 
mechanics’  liens  are  now  enforced  under  the  statutes  of  this 
State,  provided  the  sale  under  the  decree  for  sale  of  any  such 
levee,  dyke  or  embankment  shall  be  absolute  and  without  re- 
demption. 

559.  Who  May  Purchase  at  Sale.  | § 8.  Any  city, 

town  or  village  may  become  purchaser  at  any  such  sale,  and 
when  so  purchased,  the  city,  town  or  village  may  take  posses- 
sion thereof,  and  use,  own  and  contract  as  to  the  same  in  the 
same  manner  as  if  it  had  been  originally  built  by  the  city;  but, 
if  purchased  by  any  other  person  or  corporation,  then  such 


264 


Statutes. 


levee  or  embankment  shall  be  subject  to  this  statute  in  the 
same  manner  as  it  was  in  the  hands  of  the  original  owner. 

560-  Emergency  — Repairs  — Payment  — Lien — De- 
fense.] § 9.  Where  any  city,  town  or  village  has,  hereto- 
fore, built  or  repaired  any  part  of  any  levee,  dyke  or  embank- 
ment, when  the  original  levee  or  embankment  had  been  de- 
stroyed or  become  insecure  by  the  wash  or  abrasion  of  the 
rivers  or  the  caving  in  of  the  banks,  and  the  part  so  built 
or  repaired  formed  a part  of  a system  of  levees  surrounding 
any  such  city,  town  or  village,  for  the  purpose  mentioned  in 
this  act,  and  the  same  is,  or  was,  owned  and  controlled  by 
any  person,  or  corporation,  or  trustee,  and  such  system  of 
levees,  dykes  or  embankments  was  originally  intended  by  the 
builders,  and  was  necessary  as  a protection  to  the  site  of  any 
city,  town  or  village,  and  it  was  at  the  time  of  the  making  of 
the  improvements  mentioned  in  this  section,  the  duty  of  any 
such  owner,  either  in  law  or  equity,  to  maintain  and  keep  in 
repair  such  system  of  levees  or  embankments,  and  that  at  the 
time  of  making  such  improvements  or  repairs  there  appeared 
to  be  an  emergency  for  the  performance  of  such  work,  then 
any  such  city,  town  or  village  may  have  its  action  to  recover 
back  what  it  has  expended  in  that  regard,  and  may  file  its 
bill  or  petition  as  in  case  of  a mechanics’  lien,  and  the  amount 
so  expended  shall  be  a lien  upon  the  whole  of  such  levee  sys- 
tem belonging  to  the  party  so  defaulting  at  the  time  of  the 
filing  of  such  bill,  from  the  date  of  the  filing  of  any  such  bill 
or  petition,  and  it  shall  be  no  answer  or  defense  that  any  such 
city,  town  or  village  made  such  expenditure,  or  did  such  work 
as  was  done,  without  authority  of  law,  or  the  owners  of  the 
original  levee. 

561.  Landing  Places — Ordinances — Tolls — Grade — 
Penalty.  ] § 10.  Whenever  the  site  of  any  city,  town  or 

village  in  this  State  is  or  has  been  located  upon  any  of  the 
navigable  waters  of  this  State  or  any  of  the  navigable  waters 


Landings  and  Levees. 


265 


bordering  this  State,  and  the  site  thereof  has  been  surrounded 
by  levees  or  embankments  to  prevent  overflow  or  inundation, 
and  such  levees  are  owned  or  controlled  by  private  persons, 
corporations  or  trustees,  and  any  part  of  such  levee  or  em- 
bankment has  been  by  the  owner  or  owners  thereof  set  apart 
for  a landing  place  for  vessels  and  water  craft,  and  the  place 
so  set  apart  for  a landing  place,  has  been  used  by  the  public 
free  of  charge,  by  footmen,  or  for  wagons,  drays  and  other 
vehicles  conveying  persons  or  property  to  and  from  said  land- 
ing for  a term  of  twenty  years  or  more,  and  the  owner  thereof 
claims  the  right  to  collect  wharfage,  tolls  or  a reasonable  com- 
pensation for  the  landing  of  steamboats  or  other  water  craft 
at  any  such  landing  place,  then  any  such  city,  town  or  village 
may,  by  ordinance,  determine  the  slope  or  grade  of  any  such 
levee,  so  used  for  public  landing  purposes,  and  the  payment 
thereof,  and  the  rate  of  toll  or  compensation  to  be  charged  at 
such  landing.  It  shall  be  the  duty  of  the  owner  thereof  to 
grade,  pave  and  keep  such  slope  in  repair  as  directed  by  ordi- 
nance, and  may  enforce  the  same  by  proper  penalties,  or  for- 
feiture of  any  right  to  collect  wharfage  at  any  such  landing 
until  the  ordinances  in  that  regard  have  been  complied  with, 
and  may  enforce  the  powers  herein  granted,  by  proper  ordi- 
nances. 

562.  Stagnant  Water  — Nuisance  — Abatement  of.] 

§11.  Any  city,  town  or  village  in  this  State  wherein  there  are 
lots,  blocks,  or  places  wherein  stagnant  water  is  liable  to  stand, 
from  surface  water,  or  sipe  water,  or  overflow,  so  that  the 
same  becomes  a nuisance,  or  is  dangerous  to  the  public  health 
of  any  such  city,  town  or  village,  the  corporate  authorities 
thereof,  may  declare  such  lots,  blocks  or  places  of  land  to  be 
nuisances,  and  order  the  same  filled  to  grade,  or  to  such 
height  as  will  prevent  such  standing  water,  and  for  the  pur- 
pose of  filling  any  such  lots,  blocks  or  places,  such  city,  town 
or  village  may  purchase  or  condemn  lands,  sand  banks,  or 
gravel,  in  the  same  manner  as  in  other  cases  under  this  act. 


266 


Statutes. 


563.  Liability  of  Proprietors  of  City  Subject  to  Over- 
flow for  Damages — Insufficient  Levees.]  § 12.  In  all 

cases  where  any  person  or  persons,  trustees,  company  or  cor- 
poration, has  heretofore,  or  shall  hereafter  lay  out  any  city, 
town  or  village  within  this  State,  the  site  whereof  is  liable  to 
overflow,  and  is  surrounded  in  whole,  or  in  part  by  a levee  or 
embankment,  and  the  owner  or  proprietors  of  the  site  of  such 
city,  town  or  village  shall,  or  shall  have,  in  laying  out  and 
platting  the  same,  reserve  or  reserved,  retain  or  retained,  as 
private  property,  a strip  or  strips  of  land  surrounding  the  site 
thereof  for  the  purpose  of  building  such  levees  or  embank- 
ments, and  such  persons  or  owners  so  laying  out  such  city, 
town  or  village  as  aforesaid,  shall,  after  the  building  of  such 
levees  or  embankments  to  protect  the  site  of  any  such  city, 
town  or  village  from  overflow,  sell,  lease  or  convey  by  quit 
claim  or  deed  in  fee,  or  otherwise  any  lots,  blocks  or  lands 
within  the  district  or  territory  surrounded  by  such  levees  or 
embankments,  it  shall,  from  thence  forward  become  the  duty 
of  any  such  owner  or  person  and  their  agents,  representatives 
or  assigns  to  keep  and  maintain  in  good  repair  such  levees 
and  embankments,  and  upon  their  failure  so  to  do  such  per- 
sons, owners  or  assigns  shall  be  liable  to  the  owner  or  owners 
of  any  lots,  blocks  or  lands  lying  within  such  levees,  whether 
held  by  the  original  purchaser  or  his  assigns,  and  such  per- 
sons or  owners  of  such  levees  or  embankments  shall  be  liable 
in  damages  to  the  owners  of  any  personal  property  that  may 
be  injured  by  the  giving  away  or  insufficiency  of  any  such 
levees  or  embankments,  and  may  have  their  action  on  the  case 
for  any  damage  they  may  suffer  by  reason  of  the  insufficiency, 
impairment  or  giving  away  of  any  such  levees  or  embank- 
ment ; or  any  number  of  such  owners  of  lots,  blocks  or  land, 
and  owners  of  personal  property  damaged  as  aforesaid,  may 
join  in  a petition  to  any  court  of  record  of  competent  jurisdic- 
tion in  this  State  for  redress  of  grievances  under  this  section, 
setting  forth  the  claims  of  each,  and  the  aggregate  of  such 


Landings  and  Levees. 


267 


and  claims;  such  claims  shall  be  a lien  upon  such  levees  or  em- 
bankments, and  all  the  unsold  lands  or  lots  of  the  proprietors  of 
such  city,  town  or  village  within  such  levee  inclosure,  from 
the  date  of  the  filing  of  said  petition;  and  the  proceedings 
shall  be  the  same  as  in  mechanics’  lien. 

564.  Proceedings — Where  Land  Below  Grade.J  § 13. 

In  any  city,  village  or  town  in  this  State  wherein  there  are 
lots,  blocks  or  parcels  of  land  within  the  district  or  districts 
where  the  grade  shall  have  been  established  and  fixed  as  pro- 
vided for  in  section  11,  below  such  grade  whereon  water  is 
liable  to  drain  or  accumulate  from  such  drainage,  or  from  rains 
or  sipe  water,  and  stand  thereon,  thereby  endangering  the 
public  health,  it  shall  be  lawful  for  the  city  council  in  cities, 
and  the  board  of  trustees  in  towns  and  villages,  by  ordinance, 
to  declare  all  such  lots,  blocks  or  parcels  of  land,  a public 
nuisance  and  order  notice  to  be  served  on  the  owner  or  own- 
ers of  such  lots,  blocks  or  parcels  of  land  so  declared  to  be  a 
public  nuisance,  to  fill  the  same  to  the  grade  established  for 
such  streets  under  the  provisions  of  section  11,  within  ten  days. 
In  case  the  owner  or  owners  reside  without  this  State,  such 
notice  may  be  served  on  their  agent  or  agents,  if  such  reside 
in  this  State,  and  if  neither  the  agent  nor  owner  reside  in  this 
State,  then  such  notice  may  be  given  by  publication  for  twenty 
days  in  a newspaper  published  in  the  city,  town  or  village; 
and  the  specified  time  for  the  performance  of  such  work  shall 
begin  to  run  from  the  date  of  the  last  publication.  In  case  the 
owner  or  owners  of  any  such  lot,  block  or  parcel  of  land  shall 
fail  to  comply  with  the  said  order,  and  fill  the  same  within  the 
time  allowtd  for  the  doing  thereof,  it  shall  be  lawful  for  the  city, 
town  or  village  to  do  the  said  filling  at  the  least  possible  cost, 
and  the  expense  hereof  shall  be  a first  lien  in  favor  of  such  city, 
town  or  village  upon  the  entire  interest  of  the  owner  or  owners 
in  said  lot,  block  or  parcel  of  land;  and  for  the  purpose  of  en- 
forcing said  lien,  any  city,  town  or  village  may  file  its  petition 
in  the  circuit  court  of  the  county  where  such  city,  town  or 


268 


Statutes. 


village  is  situated,  which  court  is  hereby  given  exclusive  juris- 
diction thereof,  stating  the  passage  of  the  ordinance  declaring 
such  lots  a nuisance,  the  giving  of  the  notice  aforesaid,  the 
failure  of  the  owner  or  owners  to  comply  therewith,  the 
expense  incurred  by  the  city,  town  or  village  in  filling  the 
same,  and  on  proof  thereof,  and  that  the  owner  has  been  notified 
of  the  pendency  of  the  proceedings,  in  the  same  manner  as 
now  provided  by  law  for  notifying  defendants  of  the  pendency 
of  chancery  causes,  the  court  shall  decree  the  payment  of  sucli 
sum  with  interest  and  costs  within  twenty  days,  and  that  such 
city,  town  or  village  have  a lien  on  the  lot,  etc.,  therefor,  and 
also  that  said  lot,  etc.,  be  sold  in  the  manner  and  by  the  offi- 
cer designated  by  the  court,  on  failure  to  pay  said  sum  found 
due  with  interests  and  costs,  without  redemption,  and  the 
court  shall  direct  a deed  to  be  made  to  the  purchaser  by  the 
officer  so  making  the  sale,  which  shall  vest  in  the  purchaser 
all  the  right,  title  and  interest  of  the  owner  or  owners  of  any 
such  lot,  block  or  parcel  of  land.  Any  mortgagee  of  any  such 
lot,  block  or  parcel  of  land  shall  be  taken  and  considered  an 
owner  thereof  within  the  meaning  of  this  act. 


20.  LIBRARIES— PUBLIC. 


Section. 

565.  Establishment  of— Tax— Fund. 

566.  Directors. 

567.  Term  of  Office— Removal. 

568.  Vacancies— Compensation. 

569.  Organization— Powers  of  Directors— 

Funds. 

570.  Who  May  Use  Library.  * 

571.  Report  of  Directors. 

572.  Penalties. 

573.  Donations. 

574.  Powers  of  Villages,  E'c. 


Section. 

575.  Directors  in  Villages,  Etc. 

576.  Library  Association  Miy  Sell,  Etc.,  to 

Public  Libraries— Meeting— Notice. 

577.  Vote  — Manner  of  Making  Conveyance, 

Etc. 

578.  Erecting  Building— Tax  Levy. 

579.  When  Erection  May  Begin. 

580.  Plans -Contract — Tax  Levy. 

581.  Rental  of  Part  — May  Borrow  Money — 

Building  Fund — When  Not  to  Ap- 
ply. 


AN  ACT  to  authorize  cities,  incorporated  towns  and  townships  to  es- 
tablish and  maintain  free  public  libraries  and  reading  rooms. 
[Approved  and  in  force  March  7,  1872. 

565.  Establishment  by  City  — Tax  — Fund.J  § 1. 

That  the  city  coucil  of  each  incorporated  city,  whether  organ- 


Libraries,  Lublic. 


269 


ized  under  the  general  law  or  special  charter,  shall  have  power 
to  establish  and  maintain  a public  library  and  reading  room, 
for  the  use  and  benefits  of  the  inhabitants  of  such  city,  and 
may  levy  a tax  not  to  exceed  two  mills  on  the  dollar  annually 
on  all  the  taxable  property  in  the  city:  Provided , that  in  cities 
of  over  one  hundred  thousand  inhabitants  after  the  year  1895, 
such  tax  shall  not  exceed  one-half  of  a mill  on  the  dollar  annu- 
ally— such  tax  to  be  levied  and  collected  in  like  manner  with 
the  general  taxes  of  said  city,  and  to  be  known  as  the  library 
fund:  Provided,  that  the  said  annual  library  tax  in  cities  of 
over  ten  thousand  inhabitants,  shall  not  be  included  in  the 
aggregate  amount  of  taxes  as  limited  by  section  one  (1)  of 
article  eight  (8)  of  “An  act  for  the  incorporation  of  cities  and 
villages,”  approved  April  10,  1872,  and  the  amendatory  acts 
thereto,  or  by  any  provision  of  any  special  charter  under 
which  any  city  in  this  State  is  now  organized.  [As  amended 
by  act  approved  March  26,  1891. 

566.  Directors.]  § 2.  When  any  city  council  shall  have 
decided  to  establish  and  maintain  a public  library  and  reading 
room,  under  this  act,  the  mayor  of  such  city  shall,  with  the 
approval  of  the  city  council,  proceed  to  appoint  a board  of 
nine  directors  for  the  same,  chosen  from  the  citizens  at  large 
with  reference  to  their  fitness  for  such  office;  and  not  more 
than  one  member  of  the  city  council  shall  be  at  any  one  time 
a member  of  said  board. 

567. . Term  of  Office — Removal.]  § 3.  Said  directors 
shall  hold  office  one-third  for  one  }*ear,  one-third  for  two  years, 
and  one-third  for  three  years,  from  the  first  of  July  following 
their  appointment,  and  at  their  first  regular  meeting  shall  cast 
lots  for  their  respective  terms;  and  annually  thereafter  the 
mayor  shall,  before  the  first  of  July  of  each  year,  appoint  as 
before  three  directors,  to  take  the  place  of  the  retiring  direc- 
tors, who  shall  hold  office  for  three  years,  and  until  their  suc- 
cessors are  appointed.  The  mayor  may,  by  and  with  the 


270 


Statutes. 


consent  of  the  city  council,  remove  any  director  for  misconduct 
or  neglect  of  duty. 

568.  Vacancies — Compensation.]  § 4.  Vacancies  in 
the  board  of  directors,  occasioned  by  removals,  resignation,  or 
otherwise,  shall  be  reported  to  the  city  council,  and  be  filled 
in  like  manner  as  original  appointments,  and  no  director  shall 
receive  compensation  as  such. 

569-  Organization  — Powers  of  Directors  — Funds.] 

§ 5.  Said  directors  shall,  immediately  after  appointment,  meet 
and  organize  by  the  election  of  one  of  their  number  president, 
and  by  the  election  of  such  other  officers  as  they  may  deem 
necessary.  They  shall  make  and  adopt  such  by-laws,  rules 
and  regulations  for  their  own  guidance  and  for  the  government 
of  the  library  and  reading  room  as  may  be  expedient,  not  in- 
consistent with  this  act.  They  shall  have  the  exclusive  control 
of  the  expenditure  of  all  moneys  collected  to  the  credit  of  the 
library  fund,  and  of  the  construction  of  any  library  build- 
ing, and  of  the  supervision,  care  and  custody  of  the  grounds, 
rooms  or  buildings  constructed,  leased,  or  set  apart  for 
that  purpose:  Provided , that  all  moneys  received  for  such 
library  shall  be  deposited  in  the  tieasury  of  said  city  to  the 
credit  of  the  library  fund,  and  shall  be  kept  separate  and  apart 
from  other  moneys  of  such  city,  and  drawn  upon  by  the  proper 
officers  of  said  city,  upon  the  properly  authenticated  vouch- 
ers of  the  library  board.  Said  board  shall  have  power  to  pur- 
chase or  lease  grounds  to  occupy,  lease  or  erect  an  appropriate 
building  or  buildings  for  the  use  of  said  library;  shall  have 
power  to  appoint  a suitable  librarian  and  necessary  assistants, 
and  fix  their  compensation,  and  shall  also  have  power  to 
remove  such  appointees;  and  shall,  in  general,  carry  out  the 
spirit  and  intent  of  this  act,  in  establishing  and  maintaining  a 
public  library  and  reading  room. 

570.  Who  May  Use  Library.]  § 6.  Every  library  and 
reading-room,  established  under  this  act,  shall  be  forever  free 


Libraries,  Public. 


271 


to  the  use  of  the  inhabitants  of  the  city  where  located,  always 
subject  to  such  reasonable  rules  and  regulations  as  the  library 
board  may  adopt,  in  order  to  render  the  use  of  said  library 
and  reading-room  of  the  greatest  benefit  to  the  greatest  num- 
ber; and  said  board  may  exclude  from  the  use  of  said  library 
and  reading-room  any  and  all  persons  who  shall  willfully  vio- 
late such  rules.  And  said  board  may  extend  the  privileges 
and  use  of  such  library  and  reading-room  to  persons  residing 
outside  of  such  city  in  this  state,  upon  such  terms  and  con- 
ditions as  said  board  may  from  time  to  time  by  its  regulations 
prescribe.  [As  amended  by  act  approved  March  27,  1874. 
In  force  July  1,  1874. 

571.  Report  of  Directors.]  § 7.  The  said  board  of 
directors  shall  make,  on  or  before  the  second  Monday  in  June, 
an  annual  report  to  the  city  council,  stating  the  condition  of 
their  trust  on  the  first  day  of  June  of  that  year,  the  various 
sums  of  money  received  from  the  library  fund  and  from  other 
sources,  and  how  such  moneys  have  been  expended,  and  for 
what  purposes;  the  number  of  books  and  periodicals  on  hand, 
the  number  added  by  purchase,  gift,  or  otherwise,  during  the 
year;  the  number  lost  or  missing;  the  number  of  visitors 
attending;  the  number  of  books  loaned  out,  and  the  general 
character  and  kind  of  such  books;  with  such  other  statistics, 
information  and  suggestions  as  they  may  deem  of  general 
interest.  All  such  portions  of  said  report  as  relate  to  the  re- 
ceipt and  expenditure  of  money,  as  well  [as]  the  number  of 
books  on  hand,  books  lost  or  missing,  and  books  purchased, 
shall  be  verified  by  affidavit. 

572-  Penalties.]  § 8.  The  city  council  of  said  city 
shall  have  power  to  pass  ordinances  imposing  suitable  penalties 
for  the  punishment  of  persons  committing  injury  upon  such 
library  or  the  grounds  or  other  property  thereof,  and  for  in- 
jury to  or  failure  to  return  any  book  belonging  to  such  library. 

573.  Donations.]  § 9.  Any  person  desiring  to  make 
donations  of  money,  personal  property  or  real  estate  for  the 


272 


Statutes. 


benefit  of  such  library,  shall  have  the  right  to  vest  the  title  to 
the  money  or  real  estate  so  donated  in  the  board  of  directors 
created  under  this  act,  to  be  held  and  controlled  by  such 
board,  when  accepted,  according  to  the  terms  of  the  deed,  gift, 
devise  or  bequest  of  such  property;  and  as  to  such  property 
the  said  board  shall  be  held  and  considered  to  be  special  trus- 
tees. 

574.  Powers  of  Villages,  Towns  and  Townships.] 

§ io.  When  fifty  legal  voters  of  any  incorporated  town,  vil- 
lage or  township  shall  present  a petition  to  the  clerk  of  the 
town,  village  or  township  (or  trustee  of  schools  in  counties 
not  under  township  organization,)  asking  that  an  annual 
tax  may  be  levied  for  the  establishment  and  maintenance 
of  a free  public  library  in  such  town  or  township,  and 
shall  specify,  in  their  petition,  a rate  of  taxation  not  to  exceed 
two  mills  on  the  dollar,  such  clerk  (or  trustee  of  schools  in 
counties  not  under  township  organization)  shall,  in  the  next 
legal  notice  of  the  regular  annual  election  in  such  town  or 
township,  give  notice  that  at  such  election  every  elector  may 
vote  “For  a.  . . . mill  tax  for  a free  public  library,”  or  “ Against 
a.  . . .mill  tax  for  a free  public  library,”  specifying  in  such  no- 
tice the  rate  of  taxation  mentioned  in  said  petition  ; and  if  the 
majority  of  all  the  votes  cast  in  such  town,  village  or  town- 
ship shall  be  “ For  the  tax  for  the  free  public  library,”  the  tax 
specified  in  such  notice  shall  be  levied  and  collected  in  like 
manner  with  other  general  taxes  of  said  town  or  township, 
and  shall  be  known  as  the  “Library  Fund”:  Provided , that 
such  tax  shall  cease  in  case  the  legal  voters  of  any  such  town, 
village  or  township  shall  so  determine  by  a majority  vote,  at 
any  annual  election  held  therein;  and  the  corporate  authorities 
of  such  towns  or  villages  may  exercise  the  same  powers  con- 
ferred upon  the  corporate  authorities  of  cities  under  this  act. 

575.  Directors  in  Villages,  Etc.]  § n.  At  the  next 
regular  election  after  any  town,  village  or  township  shall  have 


Libraries,  Public. 


273 


voted  to  establish  a free  public  library,  there  shall  be  elected 
a library  board  of  six  directors,  one-third  for  one  year,  one- 
third  for  two  years,  one-third  for  three  years,  and  annually 
thereafter  there  shall  be  elected  two  directors,  who  shall  hold 
their  office  for  three  years  and  until  their  successors  are  elected 
and  qualified;  which  board  shall  have  the  same  powers  as  are 
by  this  act  conferred  upon  the  board  of  directors  of  free  public 
libraries  in  cities. 

AN  ACT  to  enable  library  associations  to  sell  and  transfer  their  real 
and  personal  property.  [Approved  March  24,  1874.  I11  force  July 
1,  1874. 

576.  Library  Associations  May  Sell,  Etc.,  to  Public 
Libraries — Meeting — Notice.]  § 1.  That  whenever  any 
library  association  organized  under  any  law  of  this  State,  and 
owning  any  real  or  personal  property  in  this  State,  shall  de- 
sire to  sell  or  lease  the  same,  or  any  part  thereof,  absolutely  or 
with  conditions,  to  the  board  of  directors  of  any  free  public 
library,  organized  under  the  laws  of  this  State,  such  sale  or  lease 
may  be  made  in  the  manner  following,  viz:  The  directors  of 
such  association  shall  call  a meeting  of  the  members,  subscrib- 
ers or  stockholders  thereof,  to  be  held  at  the  rooms  of  said  library 
or  office  of  the  secretary  of  such  association,  written  or  print- 
ed notice  of  the  time,  place  and  object  of  such  meeting,  and 
of  the  terms  and' conditions  of  the  proposed  sale  or  lease  being 
first  mailed,  at  least  thirty  (30)  days  prior  to  the  time  of  such 
meeting,  to  the  address  of  each  member,  subscriber  or  stock- 
holder whose  place  of  residence  is  known  to  any  of  the  officers 
or  directors  of  such  association,  and  by  publishing  such  notice 
for  at  least  thirty  (30)  consecutive  days  next  preceding  the 
time  of  such  meeting,  in  some  newspaper  published  and  of 
general  circulation  in  the  county  where  the  property  of  said 
association  is  situate. 

577-  Vote — Manner  of  Making  Conveyance,  Etc.]  § 2. 

If  the  members,  subscribers  or  stockholders  representing  the 
majority  in  amount  of  the  stock  of  such  association,  shall  vote, 


274 


Statutes. 


at  such  meeting,  in  favor  of  such  sale  or  lease  upon  the  terms 
or  conditions  specified  in  such  notice,  in  case  said  association 
shall  consist  of  two  or  more  departments,  if  a majority  of  the 
members  or  stockholders  of  each  department  shall  vote  at  such 
meeting  in  favor  of  such  sale  or  lease  so  specified,  then  the 
president  and  secretary  shall  cause  a record  of  the  proceedings 
of  such  meeting,  verified  by  the  oath  of  the  president  thereof, 
together  with  an  affidavit  of  the  service  or  publication  of  no- 
tice as  herein  required,  to  be  filed  in  the  office  of  the  clerk  of 
the  circuit  court  of  the  county  where  the  property  of  such  as- 
sociation is  situate;  after  which  the  president  and  secretary 
of  the  said  association  shall  be  and  are  hereby  authorized  and 
empowered  to  execute  any  and  all  necessary  deeds,  leases, 
bills  of  sale,  or  other  instruments  in  writing,  to  carry  out  the 
object  and  intent  of  said  vote;  which,  when  duly  executed, 
shall  be  sufficient  to  pass  to  the  board  of  directors  of  such 
free  public  library  all  the  legal  and  equitable  title  of  said  asso- 
ciations in  and  to  the  real  or  personal  property  in  said  instru- 
ment described  as  therein  set  forth. 

AN  ACT  entitled  an  act  to  amend  an  act  entitled  “An  act  to  authorize 
cities,  incorporated  towns  and  townships,  to  establish  and  main- 
tain free  public  libraries  and  reading  rooms,”  approved  March  7, 
1872,  by  adding  thereto  four  sections,  to  be  known  as  sections  13, 
14,  15  and  16. 

§ i.  That  an  act  entitled  “An  act  to  authorize  cities,  incor- 
porated towns  and  townships  to  establish  and  maintain  free 
public  libraries  and  reading  rooms,”  approved  March  7,  1872, 
be  and  the  same  is  hereby  amended  by  adding  thereto  four 
sections,  to  be  known  as  sections  13,  14,  15  and  16,  as  follows: 

578-  Erecting  Building — Tax  Levy.J  § 13.  When- 
ever any  board  of  directors  of  any  public  library,  organized 
under  the  provisions  of  the  act  to  which  this  is  an  amendment, 
shall  determine  to  erect  a building  to  be  used  for  their  library, 
or  to  accumulate  a fund  for  the  erection  of  such  building,  they 
may  do  so  as  follows:  The  directors  shall  cause  a plan  for 


Libraries,  Public. 


275 


such  building  to  be  prepared,  and  an  estimate  to  be  made  of 
its  cost;  they  may  then  determine  the  time  or  years  over 
which  they  will  spread  the  collection  of  the  cost  of  said  build- 
ing, not  exceeding  twenty  (20)  years,  and  shall  make  a record 
of  their  said  proceedings  and  transmit  a copy  thereof  to  the 
city  council  for  its  approval.  If  the  council  shall  approve  the 
-action  of  the  board  the  board  shall  divide  the  total  cost  of  said 
building  into  as  many  parts  as  they  shall  determine  to  spread 
the  cost  of  the  collection  thereof,  and  shall  certify  the  amount 
of  one  of  said  parts  to  the  city  council,  each  and  every  year 
during  the  time  or  term  over  which  they  shall  have  deter- 
mined to  spread  the  collection  of  the  cost  of  said  building. 
The  city  council,  on  receiving  the  said  last  mentioned  certifi- 
cate, shall,  in  its  next  annual  appropriation  bill,  include  the 
amount  so  specified,  and  shall  levy  and  collect  a tax  to  pay 
the  same,  with  the  other  general  taxes  of  the  city:  Provided , 
the  said  levy  shall  not  exceed  five  (5)  mills  on  the  dollar  in 
any  one  year  and  shall  not  be  levied  oflener  than  for  the  num- 
ber of  years  into  which  the  library  board  shall  have  divided 
the  costs  of  said  building.  And  -provided , further , no  city 
shall  construct  more  than  one  building  under  the  provisions  of 
this  act,  and  when  said  sum  herein  mentioned  shall  have  been 
collected  the  said  tax  shall  cease. 

579-  When  Erection  May  Begin.]  § 14.  The  library 
board  shall  determine  when  they  will  proceed  with  the  con- 
struction of  the  building;  they  may  proceed  at  once  or  may 
determine  to  wait  and  allow  the  fund  to  accumulate,  but  shall 
not  delav  construction  of  said  building  longer  than  for  the  col- 
lection of  said  fund.  If  they  shall  determine  to  wait  they  shall 
certify  their  action  to  the  city  council,  and  said  city  council 
shall  invest  said  money  in  good  interest-paying  securities, 
there  to  remain  until  the  same  is  needed  for  the  construction 
of  the  building  under  the  provisions  of  this  act. 

580-  Plans — Contract — Tax  Levy.]  § 15.  When  the 
directors  shall  determine  to  commence  the  construction  of  the 


27  6 


Statutes. 


building  they  may  then  revise  the  plan  therefor  or  adopt  a 
new  plan  and  provide  estimates  of  the  costs  thereof,  and 
shall  advertise  for  bids  for  the  construction  of  said  building 
and  shall  let  the  contract  to  the  lowest  and  best  responsible 
bidder,  and  may  require  from  such  bidder  securities  for  the 
performance  of  his  bid  as  the  board  shall  determine:  Provided , 
the  said  directors  may  let  the  contract  for  one  part  of  said 
building  to  one  bidder,  and  for  another  part  to  another  bidder 
as  they  shall  determine:  And,  -provided,  further , the  board  of 
directors  shall  not  in  any  new  plan  increase  the  per  cent,  of 
the  tax  levy  hereunder,  without  the  approval  of  the  city 
council. 

581-  Rental  of  Part — May  Borrow  Money — Building: 
Fund — When  Not  to  Apply.]  § 1 6.  If  the  board  of  direc- 
tors shall  think  best  they  may  construct  the  building  so  that 
a portion  thereof  may  be  rented,  and  may  at  any  time  during 
the  construction  thereof  borrow  money  and  execute  a mort- 
gage on  the  lot  and  building,  not  exceeding  one-half  the  value 
thereof,  and  the  money  so  obtained  shall  be  used  exclusively 
in  the  completion  of  said  building.  The  levy  of  a tax  hereun- 
der shall  not  constitute  a part  of  the  general  tax  of  the  cityy 
nor  shall  it  affect  any  appropriation  made  or  to  be  made  for 
the  support  of  the  library.  This  act  shall  not  apply  to  any 
city  in  this  State  having  over  one  hundred  thousand  inhabi- 
tants. j Approved  June  19,  1891. 


Liquor  Law. 


277 


21.  LIQUOR  LAW. 


Section 

582.  Dram  Shop  Defined. 

583.  How  License  may  be  Granted. 

584.  License  by  County  Board. 

585.  License  to  Sell  Malt  Liquor— Penalty 

for  Selling  Other. 


Section. 

586.  Form  of  License— Rights  Under  - May 

be  Revoked. 

587.  Bond— How  Taken— Suit  O11. 


AN  ACT  to  provide  for  tlie  licensing  of  and  against  the  evils  arising 
from  the  sale  of  intoxicating  liquors.  [Approved  March  30,  1874. 
In  force  July  1, 1874. 

582.  Dram  Shop  Defined.]  § 1.  That  a dram  shop  is 
a place  where  spirituous  or  vinous  or  malt  liquors  are  retailed 
by  less  quantity  than  one  gallon,  and  intoxicating  liquors  shall 
be  deemed  to  include  all  such  liquors  within  the  meaning  of 
this  act. 

AN  ACT  to  restrict  the  powers  of  counties,  cities,  towns  and  villages  in 
licensing  dram  shops  to  provide  for  granting  a license  to  retail 
malt  liquors  separately,  and  for  punishing  persons  holding  such 
separate  license  for  unlawful  sale  and  gifts.  [Approved  June  15, 
1883.  In  force  July  1,  1883. 

583.  How  License  May  be  Granted.]  § 1.  That  here- 
after it  shall  not  be  lawful  for  the  corporate  authorities  of  any 
city,  town  or  village  in  this  State,  to  grant  a license  for  the 
keeping  of  a dram-shop,  except  upon  the  payment,  in  advance, 
into  the  treasury  of  the  city,  town  or  village  granting  the 
license,  such  sum  as  may  be  determined  by  the  respective 
authorities  of  such  city,  town  or  village,  not  less  than  at 
the  rate  of  five  hundred  dollars  ($500)  per  annum : Provided , 
that  in  all  cases  when  a license  for  the  sale  of  malt  liquors 
only  is  granted,  the  city,  town  or  village  granting  such  license, 
may  grant  the  same  on  the  payment,  in  advance,  of  the  sum  of 
not  less  than  at  the  rate  of  one  hundred  and  fifty  dollars  ($150) 
per  annum:  And,  provided  further ^ that  the  city  councils  in 
cities,  the  board  of  trustees  in  towns,  ar.d  president  and  board 
of  trustees  in  villages,  may  grant  permits  to  pharmacists  for 


278 


Statutes. 


the  sale  of  liquors  for  medicinal,  mechanical,  sacramental  and 
chemical  purposes  only,  under  such  restrictions  and  regula- 
tions as  may  be  provided  by  ordinance. 

584-  License  Granted  by  County  Board.]  § 2.  The 

county  boards  of  each  county  may  grant  licenses  to  keep  so 
many  dram-shops  in  their  conuty  as  they  may  think  the  pub- 
lic good  requires,  upon  the  application,  by  petition,  of  a major- 
ity of  the  legal  voters  of  the  town,  if  the  county  is  under 
township  organization,  and  if  not  under  township  organization, 
then  of  a majority  of  the  legal  voters  of  the  election  precinct 
or  district  where  the  same  is  proposed  to  be  located,  and 
upon  the  payment  into  the  county  treasury  of  such  sum  as  the 
board  may  require,  not  less  than  five  hundred  dollars  ($500) 
per  annum  for  each  license;  and  upon  compliance  with  the 
provisions  of  an  act  entitled  “An  act  to  provide  for  the 
licensing  of,  and  against  the  evils  arising  from  the  sale  of 
intoxicating  liquors,”  approved  March  3,  1874,  in  force  July 
1,  1874:  Provided , that  in  all  cases  where  a license  is  granted 
for  the  sale  of  malt  liquors  only,  such  board  may  grant  the 
ame,  upon  payment  into  the  county  treasury,  of  a sum  not 
less  than  one  hundred  and  fifty  dollars  ($150)  per  annum  for 
each  license:  Provided  further,  such  board  shall  not  have 
power  to  issue  any  license  to  keep  a dram-shop  in  any 
incorporated  city,  town  or  village,  or  within  two  miles  of 
the  same,  in  which  the  corporate  authorities  have  authority 
to  license,  regulate,  restrain  or  prohibit  the  sale  of  liquors, 
or  in  any  place  where  the  sale  of  liquors  is  prohibited  by  law. 

585.  License  to  Sell  Malt  Liquors — Penalty  for  Sell- 
ing Other  Liquors.]  § 3.  Any  person  having  a license  to 
sell  malt  liquors  only,  who  shall  by  himself  or  another,  either 
is  [ as  | principal,  clerk  or  servant,  directly  or  indirectly,  sell 
or  give  any  intoxicating  liquors,  other  than  malt  liquors  in  a 
less  quantity  than  one  gallon,  or  in  any  quantity  to  be  drank 
upon  the  premises,  or  in  or  upon  any  adjacent  room,  building. 


Liquor  Law. 


279 


yard  or  place  of  public  resort,  shall  for  each  offense  be  fined 
not  less  than  twenty  dollars,  nor  more  than  one  hundred  dol- 
lars, or  confined  in  the  county  jail  not  less  than  ten  nor  more 
than  thirty  days,  or  both  in  the  discretion  of  the  court.  The 
penalties  provided  for  in  this  section  may  be  enforced  by 
indictment  or  information  in  any  court  of  competent  jurisdic- 
tion, or  the  fine  only  may  be  sued  for  and  recovered  before 
any  justice  of  the  peace  of  the  proper  county,  and  in  case  of 
conviction,  the  offender  shall  stand  committed  to  the  county 
jail  until  the  fine  and  costs  are  fully  paid.  A.  conviction  under 
this  section  shall  forfeit  the  license  held  by  the  defendant  and 
the  court  rendering  judgment  upon  such  conviction  shall  in 
such  judgment  declare  a forfeiture  of  such  license. 

586-  Form  of  License — Rights  Under — May  be  Re- 
voked.] § 4.  The  license  shall  state  the  time  for  which 
it  is  granted,  which  shall  not  exceed  one  year,  the  place  where 
the  dram-shop  is  to  be  kept,  and  shall  not  be -transferable,  nor 
shall  the  person  licensed  keep  a dram-shop  at  more  than  one 
place  at  the  same  time,  and  any  license  granted  may  be  re- 
voked by  the  county  board  whenever  they  shall  be  satisfied 
that  the  person  licensed  has  violated  any  of  the  provisions  of 
this  act,  or  keeps  a disorderly  or  ill-governed  house  or  place 
of  resort  for  idle  or  dissolute  persons,  or  allows  any  illegal 
gaming  in  his  dram-shop,  or  any  house  or  place  adjacent 
thereto. 

587.  Bond — How  Taken — Suit  On.]  § 5.  No  person 
shall  be  licensed  to  keep  a dram-shop,  or  to  sell  intoxicating 
liquors,  by  any  county  board,  or  the  authorities  of  any  city, 
town  or  village,  unless  he  shall  first  give  bond  in  the  penal 
sum  of  $3,000,  payable  to  the  People  of  the  State  of  Illinois, 
with  at  least  two  good  and  sufficient  sureties,  free-holders  of 
the  county  in  which  the  license  is  to  be  granted,  to  be  approv- 
ed by  the  officer  who  may  be  authorized  to  issue  the  license, 
conditioned  that  he  will  pay  to  all  persons  all  damages  that 


28o 


Statutes. 


they  may  sustain,  either  in  person  or  property,  or  means  of 
support,  by  reason  of  the  person  so  obtaining  a license  selling 
or  giving  away  intoxicating  liquors.  The  officer  taking  such 
bond  may  examine  any  person  offered  as  security  upon  any 
such  bond,  under  oath,  and  require  him  to  subscribe  and 
swear  to  his  statement  in  regard  to  his  pecuniary  ability  to 
become  such  security.  Any  bond  taken  persuant  to  this  sec- 
tion may  be  sued  upon  for  the  use  of  any  person,  or  his  legal 
representative,  who  may  be  injured  by  reason  of  the  selling  or 
giving  away  any  intoxicating  liquor  by  the  person  so  licensed, 
or  by  his  agent  or  servant. 


22.  OFFICERS. 


Section. 

588.  When  Additional  or  New  Bonds  May 

be  Required. 

589.  Release  of  Sureties. 

5co.  Effect  of  New  Bond. 

591.  When  Effects  to  be  Delivered  to 

(sureties. 

592.  Suit  on  Bond— Executors,  Etc. 

503.  Execution— Lien. 

594.  Resignation  of  Elective  Office. 


Section. 

595.  When  Office  Becomes  Vacant. 

596.  Who  May  Determine  When  Vacancy 

Exists. 

597.  Aldermen  of  Cities. 

598.  Not  to  be  Interested  in  Contracts — 

Not  to  Act  as  Attorney  to  Procure  — 
Bribery. 

599.  Penalty. 


AN  ACT  to  revise  the  law  in  relation  to  official  bonds.  [Approved 
March  13,  1874  In  force  July  1, 1874.] 


588.  When  Additional  or  New  Bonds  May  be  Re- 
quired.] § 1.  That  all  official  bonds  required  by  law  to  be 
given  by  any  public  officer,  or  public  employe,  including  exe- 
cutors, administrators,  guardians  and  conservators,  in  this 
State,  shall  be  signed  and  sealed  by  any  said  officer,  employe, 
executor,  administrator,  guardian  or  conservator  and  his  se- 
curities, and  acknowledged  before  some  officer  authorized  by 
law  to  take  acknowledgements  of  instruments  under  seal? 
which  said  acknowledgments  shall  be  substantially  in  the  fol- 
lowing form : 


Statf.  of 1 

County  of f 

I hereby  certify  that ....who  are  each  personally  known  to 

me  to  be  the  same  persons  whose  names  are  subscribed  to  the  toregoing  instrument,  ap- 
peared before  me  this  day  in  person  and  acknowledged  that  they  signed,  sealed  and  deliv- 
ered said  instrument  as  their  free  and  voluntary  act  for  the  uses  and  purposes  therein  set 
forth. 

Given  under  my  hand  and seal,  this day  of , A.  D 


Officers. 


281 


Which  acknowledgment  shall  be  deemed  and  taken  as 
prima-facie  evidence  that  the  instrument  was  signed,  sealed 
and  acknowledged  in  the  manner  therein  set  forth,  and  such 
acknowledgements  shall  have  the  same  force  and  effect  as 
evidence  in  all  legal  proceedings,  as  that  given  to  acknowledg- 
ments of  deeds  of  conveyance  of  real  estate.  That  all  public 
officers  or  employes  who  are  compelled  to  give  official  bonds 
may  be  required  by  the  court,  officer,  or  board  whose  duty  it 
is  to  take  or  approve  such  bonds,  to  give  additional  surety  or 
new  bones  whenever  the  security  of  the  original  bond  has  be- 
come insufficient  by  the  subsequent  insolvency,  death  or  re- 
moval of  the  sureties  of  any  of  them,  or  when  for  any  cause 
any  such  bond  shall  be  deemed  insufficient.  Any  officer  or 
employe  failing  to  give  bond  when  required,  pursuant  to  this 
section,  within  ten  days  after  he  is  notified  in  writing  of  such 
request,  shall  be  deemed  to  have  vacated  his  office.  [As 
amended  by  act  approved  July  31,  1879.  f°rce  July  1, 
1879. 

589-  Release  of  Sureties.]  § io.  When  a surety  upon 
the  official  bond  of  any  state  officer  or  agent,  county,  town, 
city,  village,  incorporated  town  or  other  public  officer,  or  the 
heir,  executor  or  administrator  of  such  surety,  desires  to  be 
released  from  such  bond,  he  may  give  notice  in  writing  to  the 
officer  upon  whose  bond  he  is  surety  that  he  desires  to  be  so 
released,  and  that  such  officer  give  a new  bond  with  sufficient 
sureties  within  ten  days  after  receiving  such  notice,  and  may 
within  five  days  after  the  service  of  such  notice  deliver  a copy 
of  the  same,  with  an  affidavit  showing  the  time  and  manner  of 
service,  to  the  court,  officer,  or  board  authorized  to  approve 
the  bonds  of  such  officers.  And  if  such  officer  shall  not  within 
ten  days  after  receiving  such  notice,  or  within  such  further 
time,  not  exceeding  twenty  days,  as  the  court,  officer  or  board 
shall  allow,  give  a new  bond  with  sufficient  security,  approved 
as  required  by  law,  his  office  shall  become  vacant,  and  the 
vacancy  shall  be  filled  as  provided  by  law. 


282 


Statutes. 


590.  Effect  of  New  Bond.]  § 11.  If  a new  bond  shall 
be  given  by  any  officer,  as  provided  in  the  foregoing  sections 
of  this  act,  then  the  former  sureties  shall  be  entirely  released 
and  discharged  from  all  liabilities  incurred  by  any  such  officer 
in  consequence  of  business  which  may  have  come  to  hand 
from  and  after  the  time  of  the  approval  of  the  said  new  bond, 
and  the  sureties  to  the  new  bond  are  hereby  declared  to  be 
liable  for  all  the  official  delinquincies  of  said  officer,  whether 
of  omission  or  commission,  which  may  occur  after  the  approval 
of  the  new  bond  as  aforesaid;  but  the  provisions  of  this  act 
shall  not  be  so  construed  as  1o  operate  as  a release  of  the 
sureties  of  any  of  the  aforesaid  officers,  for  liabilities  incurred 
previous  to  the  filing  of  a new  bond,  as  required  in  the  fore- 
going sections  of  this  act. 

591.  When  Effects  to  be  Delivered  to  Sureties.]  § 12. 

It  shall  be  the  duty  of  such  officer,  if  he  shall  fail  to  give  bond 
as  provided  for  in  this  act,  forthwith  to  deliver  over  to  his 
sureties  all  books,  moneys,  vouchers,  papers,  and  every  de- 
scription of  property  whatever  pertaining  to  his  office,  and  the 
said  sureties  may,  at  any  time  after  said  failure  to  file  said 
bond,  maintain  an  action  of  replevin,  or  other  appropriate 
action,  to  recover  such  property,  money  or  effects  from  their 
said  principal. 

592.  Suit  on  Bond — Executors,  Etc.]  § 13.  When- 
ever the  condition  of  the  bond  of  any  public  officer  shall  be 
violated,  suit  may  be  instituted  on  such  bond,  and  prosecuted 
to  final  judgment  against  such  officer,  and  any  or  all  of  the 
sureties,  or  against  one  or  more  of  them,  jointly  and  severally, 
without  first  establishing  the  liability  of  the  principal  by  obtain- 
ing judgment  against  him  alone.  The  provisions  of  this  sec- 
tion shall  extend  to  the  official  bonds  of  executors,  administra- 
tors, guardians  and  conservators,  and  in  suits  thereon  it  shall 
not  be  necessary  to  a recovery  that  a devastavit  should  have 
previously  been  established  against  the  principal. 


Officers. 


283 


593.  Execution — Lien.J  §14-  Execution  may  issue  on 
any  judgment  so  rendered  as  in  ordinary  cases,  but  the  officer 
executing  the  same  shall  not  levy  upon  the  property  of  the 
sureties  until  he  shall  fail  to  find  sufficient  property  of  the 
principal  to  satisfy  such  execution : Provided , however , the 
judgment  and  execution  shall  be  a lien  upon  the  property  of 
the  sureties  as  in  ordinary  cases. 

AN  ACT  in  regard  to  elections,  and  to  provide  for  filling  vacancies  in 
electives  offices.  [Approved  April  3,  1872.  In  force  July  1,  1872. 

594.  Of  Elective  Offices.]  § 124.  Resignations  of 
elective  offices  shall  be  made  to  the  officer,  court  or  county 
board  authorized  by  law  to  fill  a vacancy  in  such  office  by  ap- 
pointment, or  to  order  an  election  to  fill  such  vacancy. 

595.  When  Office  Becomes  Vacant.]  § 125.  Every 
elective  office  shall  become  vacant  on  the  happening  of  either 
of  the  following  events,  before  the  expiration  of  the  term  of 
such  office : 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  State;  or,  if 
the  office  is  local,  his  ceasing  to  be  an  inhabitant  of  the  dis- 
trict, county,  town  or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  any  of- 
fense involving  a violation  of  official  oath. 

Sixth — His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office, 
or  to  give  or  renew  his  official  bond,  or  to  deposit  or  file  such 
oath  or  bond  within  the  time  prescribed  by  law. 

Eighth — The  decision  of  a competent  tribunal  declaring  his 
election  void. 

596.  Who  May  Determine  When  Vacacacy  Exists.] 

§ 126.  Whenever  it  is  alleged  that  a vacancy  in  any  office 


284 


Statutes. 


exists,  the  officer,  court  or  county  board  whose  duty  it  is  to 
fill  the  vacancy  by  appointment,  or  to  order  an  election  to  fill 
such  vacancy,  shall  have  power  to  determine  whether  or  not  the 
facts  occasioning  such  vacancy  exist. 

AN  ACT  to  prevent  fraudulent  and  corrupt  practices  in  the  making  or 
accepting  of  official  appointments  and  contracts  by  public  officers. 
[Approved  April  9,  1872.  In  force  July  1,  1872. 

597.  Aldermen  of  Cities — Trustees  of  Villages.]  § 2. 

That  it  shall  be  and  is  hereby  declared  unlawful  for  any  aider- 
man  of  any  city,  or  member  of  the  board  of  trustees  of  any 
village  of  this  State,  during  the  term  of  office  for  which  he  is 
elected,  to  accept  or  be  appointed  to  or  hold  any  office,  by  the 
appointment  of  the  mayor  or  president  of  the  board  of  trus- 
tees thereof;  and  any  and  all  such  election  or  appointment  shall 
be  absolutely  null  and  void. 

598.  Not  to  be  Interested  in  Contracts — Not  to  Act  as 
Attorney  to  Procure — Bribery.]  § 3.  It  shall  not  be  law- 
ful for  any  person,  now  or  hereafter  holding  any  office,  either 
by  election  or  appointment,  under  the  constitution  of  this  State, 
to  become  in  any  manner  interested,  either  directly  or  indi- 
rectly, in  his  own  name  or  in  the  name  of  any  other  person  or 
corporation,  in  any  contract,  or  the  performance  of  any  work 
in  the  making  or  letting  of  which  such  officer  may  be  called 
upon  to  act  or  vote.  And  it  shall  not  be  lawful  for  any  such 
officer  to  represent,  either  as  agent  or  otherwise,  any  person, 
company  or  corporation,  in  respect  of  any  application  or  bid 
for  any  contract  or  work  in  regard  to  which  such  officer  may 
be  called  upon  to  vote.  Nor  shall  any  such  officer  take  or  re- 
ceive, or  offer  to  take  or  receive,  either  directly  or  indirectly, 
any  money  or  other  thing  of  value,  as  a gift  or  bribe,  or  a 
means  of  influencing  his  vote  or  action  in  his  official  character; 
and  any  and  all  contracts  made  and  procured  in  violation  here- 
of, shall  be  null  and  void. 


Oil  Inspection. 


285 


599-  Penalty.]  § 4.  Any  alderman,  member  of  a board 
of  trustees,  supervisor  or  county  commissioner,  or  person  now 
or  hereafter  holding  any  office,  either  by  election  or  appoint- 
ment under  the  constitution  of  this  State,  or  any  law  now  or 
hereafter  in  force  in  this  State,  who  shall  violate  any  of  the 
provisions  of  the  preceding  sections,  shall  be  deemed  guilty  of 
a misdemeanor,  and  on  conviction  thereof  may  be  punished  by 
confinement  in  the  penitentiary  for  a term  not  less  than  one 
year  nor  more  than  five  years  or  fined  in  a sum  not  less  than 
$200  nor  more  than  $1,000,  or  both,  in  the  discretion  of  the 
court  before  which  such  conviction  shall  be  had;  and  in  ad- 
dition thereto,  any  office  or  official  position  held  by  any  person 
or  persons  so  convicted  shall,  by  the  fact  of  such  conviction 
become  vacant,  and  shall  be  so  declared  as  a part  of  the  judgment 
of  court;  and  the  person  or  persons  so  convicted  shall  be  dis- 
qualified from  holding  any  office  or  position  of  trust  and  con- 
fidence in  this  State  for  the  period  of  two  years  from  and  after 
the  date  of  such  conviction. 

23.  OIL  INSPECTION. 


Section. 

600.  Appointment  of  Inspectors — Term  of 

Office— Deputies. 

601.  Oath— Bond — Suit  on. 

602.  Inspectors  to  Test. 

603.  Test- Casks  Marked— Inspectors  Not 

to  Trade  in  Oil. 


Section. 

604.  Record  Kept— Open  to  Examination. 

605.  Penalty  for  Misconduct  in  Office. 

606.  Penalty  for  Neglect  to  Give  Notice  of, 

or  celling  Oil  not  Inspected— Coun- 
terfeit Brands,  Etc. 

607.  Fines,  How  Recovered  and  Disposed  of- 


AN  ACT  to  revise  the  law  in  relation  to  oil  inspection.  [Approved 
March  12,  1874.  In  force  July  1,  1874. 

600.  Appointment  of  Inspectors — Term  of  Office — 
Deputies.]  § 1.  The  judge  of  the  county  court  of  any 
county  for  townships  outside  of  incorporated  cities,  towns  and 
villages,  the  mayor  of  any  city,  with  the  approval  of  the  city 
council  and  the  board  of  trustees  of  any  village  or  town,  may, 
and  on  the  petition  of  any  five  inhabitants  thereof  shall,  ap- 
point one  or  more  inspectors  for  the  inspection  of  coal  oil. 


286 


Statutes. 


naphtha,  gasoline,  benzine,  and  other  mineral  oils  or  fluids,  the 
product  of  petroleum,  and  fix  their  compensation,  to  be  paid 
by  the  party  requiring  their  services.  Every  such  inspector 
shall  hold  his  office  for  one  year,  and  until  his  successor  is 
appointed  and  qualified,  unless  sooner  removed  from  office. 
He  may  appoint  deputies,  for  whom  he  shall  be  responsible, 
and  who  shall  take  the  same  oath  and  be  liable  to  the  same 
penalties  as  the  inspector.  [As  amended  by  act  approved 
June  17,  1887.  In  force  July  1,  1887. 

601-  Oath — Bond — Suit  On.]  § 2.  Every  such  in- 
spector, before  entering  upon  the  duties  of  his  office,  shall  take 
and  subscribe  the  following  oath: 

I do  solemnly  swear  (or  affirm,  as  the  cas?  may  be),  that  I will  support  the  Const’tu- 
tion  of  the  United  states,  and  the  Consitutiou  of  the  State  of  Illinois,  aid  that  I will 
faithfully  discharge  the  duties  of  the  office  of  oil  inspector,  according  to  the  best  of  my 
ability. 

He  shall  also  execute  a bond  payable  to  the  people  of  the 
State,  in  such  sum  as  shall  be  required  by  the  county  judge, 
city  council  or  board  of  trustees,  with  one  or  more  sureties  to 
be  approved  by  the  county  judge,  mayor,  or  president  of  the 
board  of  trustees,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office.  Any  person  aggrieved  by  the  misconduct 
or  neglect  of  such  inspector  may  maintain  suit  thereon  for  his 
own  use.  [As  amended  by  act  approved  June  17,  1887.  In 
force  July  1,  1887. 

602.  Inspector  to  Test.]  § 3.  Upon  the  application 
of  any  manufacturer,  refiner  or  producer  of,  or  any  dealer  in, 
any  such  oil  or  fluid,  or  of  any  officer  or  person  to  test  any 
such  oil  or  fluid,  such  inspector  shall  test  the  same  with  all 
reasonable  dispatch  by  applying  the  fire  test,  as  indicated  and 
determined  by  J.  Tagliabue’s  pyrometer,  or  some  other  in- 
strument or  means  equally  accurate,  with  which  he  shall  have 
provided  himself  at  his  own  expense. 

603.  Test — Casks  Marked — Inspector  Not  to  Trade 
in  Oil.]  § 4.  If  the  oils  or  fluids  so  tested  will  not  ignite  or 
oxplode  at  a temperature  less  than  one  hundred  and  fifty  de- 


Oil  Inspection. 


287 


grees  Fahreinheit,  the  inspector  shall  mark,  plainly  and  indel- 
ibly, on  each  cask,  barrel  or  package  “Approved,  fire  test 
being but  if  said  oils  or  fluids  will  ignite  at  a tempera- 

ture less  than  one  hundred  and  fifty  degrees  Fahrenheit,  as 
aforesaid,  then  the  inspector  shall  mark  on  each  cask,  barrel 
or  package  “Condemned  for  illuminating  purposes;  fire-test 

being ” Said  inspector,  while  in  office,  shall  not  buy, 

sell,  bargain  or  trade,  directly  or  indirectly,  in  any  of  the  said 
oils  or  fluids. 

604.  Record  Kept,  and  Open  to  Examination.]  § 5. 

He  shall  also,  within  twenty-four  hours  after  making  any  in- 
spection, make  a full  and  fair  entry  thereof  in  a record  book 
to  be  kept  for  that  purpose,  which  shall  be  open  to  all  per- 
sons wishing-  to  examine  the  same. 

605.  Penalty  for  Misconduct  in  Office.]  § 6.  Any 

such  inspector  or  deputy  who  shall  falsely  brand  any  package, 
cask  or  barrel,  or  be  guilty  of  any  fraud,  deceit,  misconduct 
or  culpable  negligence  in  the  performance  of 'any  of  his  official 
duties,  shall  be  fined  not  exceeding  $200,  and  be  liable  to  the 
party  injured  for  all  damages  occasioned  thereby. 

606-  Penalty  for  Neglect  to  Give  Notice  of,  or  Selling 
Oil  not  Inspected — Counterfeit  Brands,  Etc.]  § 7.  Any 
manufacturer,  refiner  or  producer  of,  or  any  dealer  in  coal  oil, 
naphtha,  gasoline,  benzine,  or  other  mineral  oil  or  fluid,  the 
product  of  petroleum,  in  any  city,  village  or  town  in  which 
such  inspector  is  appointed,  who  shall  neglect  to  give  notice 
to  such  inspector,  of  any  such  oil  or  fluid  in  his  possession  not 
already  inspected  by  some  authorized  inspector  of  the  State, 
within  two  days  after  the  same  is  made  or  refined  by  him  or 
received  into  his  possession,  or  shall  offer  any  such  oil  or  fluid 
for  sale  before  the  same  has  been  so  inspected,  or  shall  sell  or 
attempt  to  sell  to  any  person,  for  illuminating  purposes,  any 
such  oil  which  is  below  the  approved  standard — that  is,  hav- 
ing  igniting  point  less  than  one  hundred  and  fifty  degrees 


288 


Statutes. 


Fahrenheit,  as  is  indicated  and  determined  in  the  manner 
herein  provided;  or  shall  use  any  package,  cask,  barrel  or 
other  thing  having  the  inspection  brand  thereon,  the  oil  or 
fluid  therein  not  having  been  inspected,  or  shall  counterfeit 
any  brand,  shall  be  fined  not  exceeding  $200  and  be  liable  to 
the  party  injured  for  all  damages  occasioned  thereby,  and 
all  the  casks,  barrels  or  packages  so  falsely  used,  and  their 
contents,  shall  be  forfeited,  and  may  be  seized  and  sold. 

607.  Fines — How  Recovered  and  Disposed  of.]  § 8. 

The  fines  herein  provided  may  be  recovered  in  the  name  of 
the  People  of  the  State  of  Illinois,  before  any  justice  of  the 
peace  of  the  county  where  the  offense  is  committed,  and  when 
collected,  one-half  shall  be  paid  to  the  informer,  and  the  other 
half  and  the  proceeds  of  the  sale  of  all  casks,  barrels  and 
packages,  and  the  contents  thereof  seized,  as  herein  provided, 
shall  be  paid  into  the  city,  village  or  town  treasury. 

24.  PARKS. 

Section.  Section. 

608.  Power  of  Park  Commissioners— Parks  610.  Reversion. 

Now  Under  Control  of  Cities,  Etc.  6lI>  Power  of  city  or  Village. 

609.  Power  as  to  Parks  Taken  Under  this 

Act. 


AN  ACT  entitled  “An  act  to  enable  park  commissionershaving  control 
of  parks  to  take,  regulate,  control  and  improve  parks  now  uilder 
the  control  of  incorparated  cities,  villages  or  towns.’ , [Approved 
and  in  force  April  11,  1885. 

608-  Power  of  Park  Commissioners  — Parks  Now 
Under  Control  of  Cities,  Etc.]  § 1.  That  every  board 
of  public  park  commissioners  shall  have  the  power  to 
take  under  its  control,  and  to  regulate,  control  and  to 
govern,  in  the  same  manner  as  it  may  govern  other  parks 
or  boulevards,  under  its  control,  any  public  park  now 
under  the  control  or  jurisdiction  of  any  incorporated  city, 
town  or  village:  Provided , That  the  park  so  taken  shall  lie 
within  the  district  or  territory,  the  property  of  which  shall  be 


Parks. 


289 


taxable  for  the  maintenance  of  the  parks  or  boulevards  under 
the  control  of  any  such  board  of  park  commissioners:  And , 
'provided  further , that  the  consent  of  the  authorities  of  any 
city,  town  or  village  having  control  of  the  park  so  to  be  taken, 
and  also  the  consent  in  writing  of  the  owners  of  a majority  of 
the  frontage  of  the  lots  and  lands  abutting  on  the  park  so  to 
be  taken,  shall  be  first  obtained. 

609.  Power  as  to  Parks  Taken  Under  This  Act.J 

§ 2.  Such  boards  of  park  commissioners  shall  have  the  same 
power  and  control  over  the  parks  taken  under  this  act,  as  are,  or 
may  be,  by  law  vested  in  them,  of  and  concerning  the  parks, 
boulevards  or  driveways  now  under  their  control. 

610-  Reversion.]  § 3.  In  case  any  such  parks  so  to 
be  taken  shall  pass  from  the  control  of  any  such  park  board, 
the  power  and  authority  over  the  same,  granted  or  authorized 
by  this  act,  shall  revert  to  the  proper  authorities  of  such  city, 
town  or  village,  as  the  case  may  be,  as  aforesaid. 

611.  Power  of  City  or  Village.]  § 4.  Any  city,  town 
or  village  in  this  State,  shall  have  full  power  and  authority  to 
vest  any  such  board  of  public  park  commissioners  with  the 
right  to  control,  improve  and  maintain  any  such  park  within 
the  district  over  which  such  board  of  park  commissioners  has 
jurisdiction  for  the  purpose  of  carrying  out  the  provisions  of 
this  act,  in  accordance  with  its  intent. 


290 


Statutes. 


25.  PLATS, 


ment  Record. 

614.  Dedication— Effect  of. 

615.  Neglect  to  Plant  Corner  Stone,  Etc. 

616.  Penalty  for  Selling  Without  Plat  Re- 


Section. 

612.  Laying  Out  Towns,  Etc. 

613.  Certificate  of  Surveyor  -Acknowledge- 


Section. 

617.  Vacation  of  Whole  Plat. 

618  Of  Part  of  Plat. 

619.  Canceling  Plat  of  Record. 

620.  Plats  of  Highways,  Etc.  to  be  Made 


and  Recorded. 


corded,  Etc. 


AN  ACT  to  revise  the  law  in  relation  to  plats.  [Approved  March  21, 
1874.  In  force  July  1,  1874. 

612.  Laying  Out  Towns,  Etc.]  § 1.  Whenever  the 
owner  of  lands  shall  wish  to  subdivide  the  same  into  two  or 
more  parts  for  the  purpose  of  laying  out  a town,  or  making  any 
addition  to  any  city,  village  or  town,  or  of  re-subdividing  any 
lots  or  blocks  therein,  he  shall  cause  the  same  to  be  surveyed 
and  a plat  thereof  to  be  made  by  the  county  surveyor  or  some 
other  competent  surveyor,  which  plat  shall  particularly  de- 
scribe and  set  forth  all  the  streets,  alleys,  common  or  public 
grounds,  and  all  the  in  and  out  lots  or  fractional  lots  or  blocks 
within,  adjoining  or  adjacent  to  the  land  so  divided,  giving  the 
names,  width,  courses  and  extent  of  all  such  streets  and  alleys, 
and  numbering  all  lots  and  blocks  by  progressive  numbers, 
giving  their  precise  length  and  width.  Reference  shall  also 
be  made  upon  the  plat  to  some  known  and  permanent  monu- 
ment from  which  future  surveys  may  be  made,  or,  if  no  such 
monument  shall  exist  within  convenient  distance,  the  surveyor 
shall,  at  the  time  of  making  his  survey,  plant,  and  fix  in  such 
manner  that  the  same  shall  not  be  moved  by  frost,  at  the 
corner  of  some  public  ground,  or,  if  there  be  none,  then  at  the 
corner  of  some  lot  or  block  most  convenient  for  reference,  a 
good  and  sufficient  stone,  to  be  furnished  by  the  person  for 
whom  the  survey  is  made,  and  designate  upon  the  plat  the 
point  where  the  same  may  be  found. 

613.  Certificate  of  Surveyor  — Acknowledgment  — 
Record.]  § 2.  The  plat  having  been  completed,  shall  be 
certified  by  the  surveyor  and  acknowledged  by  the  owner  of 


Plats. 


291 


the  land,  or  his  attorney  duly  authorized,  in  the  same  manner 
as  deeds  of  land  are  required  to  be  acknowledged.  The  cer- 
tificate of  the  surveyor  and  of  acknowledgment,  together  with 
the  plat,  shall  be  recorded  in  the  recorder’s  office  of  the  county 
in  which  the  land  is  situated,  and  such  acknowledgment  and 
record  shall  have  like  effect  and  certified  copies  thereof  and  of 
such  plat  or  of  any  plat  heretofore  acknowledged  and  certified 
according  to  law,  may  be  used  in  evidence  to  the  same  extent 
and  with  like  effect,  as  in  case  of  deeds. 

614.  Dedication — Effect  of.]  § 3.  The  acknowledg- 
ment and  recording  of  such  plat  shall  be  held  in  law  and  in 
equity  to  be  a conveyance  in  fee  simple  of  such  portions  of  the 
premises  platted  as  are  marked  or  noted  on  such  plat  as 
donated  or  granted  to  the  public,  or  any  person,  religious 
society,  corporation  or  body  politic,  and  as  a general  warranty 
against  the  donor,  his  heirs  and  representatives  to  such  donee 
or  grantee  for  their  use  or  for  the  use  and  purposes  therein 
named  or  intended,  and  for  no  other  use  or  purpose.  And  the 
premises  intended  for  any  street,  alley,  way,  common  or  other 
public  use  in  any  city,  village  or  town,  or  addition  thereto, 
shall  be  held  in  the  corporate  name  thereof  in  trust  to  and  for 
the  uses  and  purposes  set  forth  or  intended. 

615.  Neglect  to  Plant  Corner  Stone,  Etc.]  § 4.  Who- 
ever shall  lay  out  any  town  or  make  any  addition  to  any  city, 
village  or  town,  or  re-subdivide  any  lots  or  blocks  therein,  and 
neglect  to  plant  any  corner  stone  when  required  by  this  act, 
or  shall  survey  the  same  or  cause  it  to  be  surveyed  in  any 
other  manner  than  that  which  is  prescribed  in  this  act,  shall 
be  fined  in  any  sum  not  less  than  25  nor  exceeding  $100. 

616-  Penalty  for  Selling  Without  Plat  Recorded,  Etc.] 

§ 5.  Whoever  shall  sell  or  offer  for  sale,  or  lease  for  any  time 
exceeding  five  years,  any  lot  or  block  in  any  town,  city  or  vil- 
lage, or  any  addition  thereto,  or  any  re-subdivision  of  any  lot 
or  block  therein,  before  all  the  requisitions  of  this  act  have 


292 


Statutes. 


been  complied  with,  shall  be  fined  $25  for  each  lot  or  block 
or  part  thereof  so  disposed  of,  offered  for  sale  or  leased. 

617-  Vacation  of  the  Whole  Plat.l  § 6.  Any  such 
plat  may  be  vacated  by  the  owner  of  the  premises  at  any  time 
before  the  sale  of  any  lot  therein,  by  a written  instrument  de- 
claring the  same  to  be  vacated,  executed,  acknowledged  or 
proved,  and  recorded  in  like  manner  as  deeds  of  land;  which 
declaration  being  duly  recorded,  shall  operate  to  destroy  the 
force  and  effect  of  the  recording  of  the  plat  so  vacated,  and  to 
divest  all  public  rights  in  the  streets,  alleys  and  public  grounds, 
and  all  dedications  laid  out  or  described  in  such  plat.  When 
lots  have  been  sold,  the  plat  may  be  vacated  in  the  manner 
herein  provided  by  all  the  owners  of  lots  in  such  plat  joining 
in  the  execution  of  such  writing. 

618-  Of  Part  of  Plat.]  § 7.  Any  part  of  a plat  may 
be  vacated  in  the  manner  provided  in  the  preceding  section, 
and  subject  to  the  conditions  therein  prescribed:  Providedy 
such  vacation  shall  not  abridge  or  destroy  any  of  the  rights 
or  privileges  of  other  proprietors  in  such  plat:  And , -providedy 
further , that  nothing  contained  in  this  section  shall  authorize 
the  closing  or  obstructing  of  any  public  highway  laid  out  ac- 
cording to  law. 

619.  Canceling  Plat  of  Record.]  § 8.  When  any  plat 
or  part  thereof  is  vacated,  the  recorder  in  whose  office  the 
plat  is  recorded  shall,  upon  the  recording  of  such  vacation, 
write  in  plain  letters  across  the  plat  or  part  so  vacated  the 
word  “vacated,”  and  shall  also  make  a reference  on  the  same 
to  the  volume  and  page  in  which  the  instrument  of  vacation  is 
recorded. 

620.  Plats  of  Highways,  Etc.,  to  be  Made  and  Recorded  ] 

§ 9.  Whenever  any  highway,  road,  street,  alley,  public  ground, 
toll-road,  railroad  or  canal  is  laid  out,  located,  opened,  widened 
or  extended,  or  the  location  thereof  altered,  it  shall  be  the  duty 
of  the  commissioners,  authorities,  officers,  persons  or  corpora- 


Plats. 


293 


tions,  public  or  private,  laying  out,  locating,  opening,  widen- 
ing, extending  or  altering  the  same,  to  cause  a plat  thereof 
showing  the  width,  courses  and  extent  thereof,  and  making 
such  reference  to  known  and  established  corners  or  monu- 
ments that  the  location  thereof  may  be  ascertained,  to  be  made, 
and  recorded  in  the  office  of  the  recorder  of  the  county  in 
which  the  premises  taken  or  used  for  the  same,  or  any  part 
thereof,  are  situated,  within  six  months  after  such  highway, 
road,  street,  alley,  public  ground,  toll-road,  railroad  or  canal 
is  laid  out,  located,  opened,  widened  or  extended,  or  the  loca- 
tion thereof  altered;  and  when  any  highway,  road,  street, 
alley,  public  ground,  toll-road,  railroad  or  canal  is  vacated,  the 
order,  ordinance  or  other  declaration  vacating  the  same  shall 
be  in  like  manner  recorded.  This  act  shall  not  be  construed 
to  alter  or  effect  any  law  specifically  providing  for  the  record- 
ing of  any  such  plat,  or  to  require  the  same  to  be  recorded 
sooner  than  is  so  specifically  provided;  except  that  any  re- 
quirements to  record  such  plat  in  any  other  place  than  is  pro- 
vided herein  shall  not  excuse  the  parties  from  complying  with 
this  act.  Whoever  shall  refuse  or  neglect  to  comply  with  this 
section  shall  forfeit  $25,  and  the  like  sum  for  every  month  he 
shall  continue  in  such  refusal  or  neglect  after  conviction  there- 
for, to  be  recovered  before  any  justice  of  the  peace  of  the 
county,  in  the  name  of  the  county,  one-half  to  the  use  of  the 
county,  and  the  other  half  to  the  use  of  the  person  complain- 
ing. 


294 


Statutes. 


2 6.  POLICEMAN’S  AND  FIREMAN’S  FUNDS. 


Section. 

626.  Permanent  Disability—  Death—  Annu- 


Section. 

621.  How  Fund  Created. 

622.  Mayor,  Etc.— Trustees  of  Fund. 

623.  Board  to  Control  Fund. 

624.  Treasurer  to  Give  Bond  for  Fund. 

625.  Warrants  Drawn  on  Treasurer. 


ity. 

627.  Who  May  Obtain  Benefit. 

628.  How  Money  Paid  Out. 

629.  Repeal. 


AN  ACT  to  amend  “An  act  for  the  relief  of  disabled  members  of  the 
police  and  fire  departments  in  cities  and  villages,’ ’ approved  May 
24,  1877.  In  force  July  1,  1877.  [Approved  May  10,  1879.  In 
force  July  1,  1879. 

621.  How  Fund  Created.]  § 1.  That  orie-half  of  all 
the  rates,  taxes  and  license  fees  which  are,  or  may  be  here- 
after required  by  law,  to  be  paid  by  corporations,  companies 
or  association  not  incorporated  under  the  laws  of  this  State, 
engaged  in  any  village  or  city  in  this  State  effecting  fire  insur- 
ance, and  one-fourth  of  all  moneys  collected  as  a tax  on  dogsr 
where  such  city  or  village  contains  a population  of  10,000  or  more 
has  a regularly  organized  fire  department,  by  such  city  or 
village,  and  all  moneys  received  from  fines  inflicted  upon 
members  of  the  police  and  fire  departments  for  a violation  of 
the  rules  and  regulations  of  the  service,  and  all  fines  recovered 
for  violation  of  the  fire  ordinances,  and  all  moneys  accruing 
from  the  sale  of  unclaimed  stolen  property,  shall  be  set  apart 
by  the  treasurer  of  the  city  or  village  to  whom  the  same  shall 
be  paid,  as  a fund  for  the  relief  of  disabled  members  of  the 
police  and  fire  departments,  of  such  city  or  village.  [As 
amended  by  act  approved  June  23,  1883.  In  force  July  1,  1883. 

622.  Mayor,  Etc. — Trustees  of  Fund.]  § 2.  The 

mayor  or  president  of  the  board  of  trustees,  the  superintendent 
or  chief  officer  of  the  police  department,  the  fire  marshal  or 
chief  officer  of  the  fire  department,  and  the  chairman  of  the 
committee  on  police  and  fire  and  water,  of  the  city  council  or 
board  of  trustees  of  the  city  or  village,  with  the  comptroller 


Policeman’s  and  Fireman’s  Funds.  295 

(if  there  be  one)  or  city  clerk  and  trersurer,  shall  constitute 
and  be  a board  by  the  name  of  the  trustees  of  the  police  and 
firemens’  relief  fund,  and  the  treasurer  of  the  city  or  village, 
shall  be  custodian  of  the  funds  of  said  police  and  firemens’ 
relief  fund.  The  said  board  shall  select  from  their  number  a 
president  and  secretary. 

623-  Board  to  Control  Fund.]  § 3.  The  said  board 
shall  have  the  exclusive  control  and  management  of  the  fund 
mentioned  in  the  first  section  of  this  act,  and  of  all  money  do- 
nated, paid,  or  assessed  for  the  relief  of  disabled  policemen  or 
firemen,  and  shall  have  the  power  to  assess  each  and  every 
member  of  the  police  and  fire  departments  of  such  city  or 
village,  including  all  such  persons  who  having  become  entitled 
to  the  benefits  of  this  fund  while  such  members  of  said  police 
and  fire  deparments,  have  not  forfeited  their  rights  to  share 
in  such  benefits  after  leaving  such  departments  as  hereinafter 
provided,  not  to  exceed  the  sum  of  five  dollars  ($5.00)  per 
annum,  which  shall  be  received  and  held  by  the  treasurer  of 
said  relief  fund,  in  like  manner  as  the  other  moneys  herein 
provided,  to  be  paid  to  him;  and  any  person  who  having  be- 
come entitled  to  the  benefits  of  this  fund,  shall  not  within  one 
month  after  notice  in  writing  to  him  from  said  board  of  the 
assessment  against  him,  pay  the  same,  shall  not  be  entitled  to, 
or  receive  any  benefits  secured  to  him  under  the  provisions  of 
this  act,  unless  he  shall  make  written  application  to  the 
trustees  of  the  fund  to  become  a member  thereof,  and  shall 
have  by  a majority  vote  of  said  trustees  been  admitted  to 
membership  in  said  organization,  and  upon  his  making  pay- 
ment of  all  delinquent  assessments  due  by  him  accruing  during 
his  membership  in  such  police  or  fire  deparment.  The  said 
board  may  make  all  needful  rules  and  regulations  for  its  gov- 
ernment in  the  discharge  of  its  duties,  and  shall  hear  and 
decide  all  applications  for  relief  under  this  act.  and  its  decisions 
on  such  applications  shall  be  final  and  conclusive,  and  not  sub- 
ject to  reveiw  or  reversal  except  by  the  board:  Provided , 


Statutes. 


that  nothing  herein  contained  shall  render  the  payment  of  any 
sum  of  money  or  annuity  which  may  be  awarded  by  the 
board,  obligatory  on  the  board,  or  chargeable  against  it  as  a 
legal  right;  but  the  board  may,  at  any  time  in  its  discretion, 
order  that  such  sums  of  money  or  annuity  shall  be  reduced,  or 
that  payment  of  the  same  shall  not  be  made.  The  board  shall 
cause  to  be  kept  a record  of  all  its  meetings  and  proceedings. 

624.  Treasurer  to  Give  Bond  for  Fund.]  § 4.  The 

treasurer  of  the  board  shall  be  the  custodian  of  the  fund  in 
the  first  section  of  this  act  mentioned,  and  of  all  moneys 
donated,  paid,  or  assessed  towards  or  on  account  of  the  relief 
fund  hereby  created,  and  shall  secure  and  safely  keep  the 
same,  subject  to  the  control  and  direction  of  the  board,  and 
shall  keep  bis  books  and  accounts  in  such  a manner  as  may  be 
prescribed  by  the  board,  and  the  same  shall  always  be  subject 
to  the  inspection  of  the  board,  or  any  member  thereof.  The 
treasurer  shall,  within  ten  days  after  his  election  or  appoint- 
ment, execute  a bond  to  the  city  or  village,  as  the  case  may 
be,  with  good  and  sufficient  securities  in  such  penal  sum  as 
the  board  may  direct,  to  be  approved  by  the  board,  conditional 
for  the  faithful  performance  of  the  duties  of  his  office,  and  that 
he  will  safely  keep  and  well  and  truly  account  for  all  moneys 
and  propertv  which  may  come  to  his  hands  as  such  treasurer, 
and  that  on  the  expiration  of  his  term  of  office,  he  will  sur- 
render and  deliver  over  to  his  successor  all  unexpended 
moneys  and  all  property  which  may  have  come  to  his  hands 
as  such  treasurer.  Such  bond  shall  be  filed  in  the  office  of 
the  clerk  of  such  city  or  village,  and  in  case  of  a breach  of 
the  same,  or  the  conditions  thereof,  suit  may  be  brought  on 
the  same,  in  the  name  of  such  city  or  village,  for  the  use  of 
said  board,  or  of  any  person  or  persons  injured  by  such  breach. 

625-  Warrants  Drawn  on  Treasurer.]  § 5.  It  shall 
be  the  duty  of  the  mayor  and  clerk,  or  the  comptroller  if  there 
be  one,  and  the  officer  or  officers  of  such  city  or  village,  who 


Policeman’s  and  Fireman’s  Funds.  297 

are  or  may  be  authorized  by  law,  to  draw  warrants  upon  the 
treasurer  of  such  city  or  village,  upon  request  made  in  writing 
by  said  board,  to  draw  warrants  upon  the  treasurer  of  such 
city  or  village,  payable  to  the  treasurer  of  said  board,  for  the 
fund  set  apart  by  such  city  or  village  treasurer,  as  prescribed 
by  the  first  (1)  section  hereof. 

626.  Permanent  Disability— Death — Annuity.]  § 6. 

When,  in  the  judgment  of  the  board,  a sufficient  amount  shall 
have  accumulated  in  said  fund  to  justify  the  application  thereof 
to  the  use  for  which  the  same  is  hereby  created,  if  any  mem- 
ber of  the  police  or  fire  departments,  while  in  the  actual 
performance  of  duty  or  other  person  entitled  to  the  benefits 
of  this  fund  as  hereinafter  provided,  shall  become  permanently 
disabled,  so  as  to  render  proper  his  retirement  from  member- 
ship, a sum  not  exceeding  six  hundred  dollars  ($600)  per  an- 
num, or  such  less  sum  as,  in  the  judgment  of  the  board,  the 
fund  will  justify,  shall  be  paid  to  such  member  out  of  said 
fund;  or  if  any  member,  while  in  the  actual  discharge  of  duty 
shall  be  killed,  or  shall  die  from  the  immediate  effects  of  an 
injury  received  by  him  while  in  such  discharge  of  duty,  or 
shall  die  after  ten  years  service  in  the  police  or  fire  depart- 
ments, and  shall  leave  a widow,  or  if  no  widow,  any  child  or  child- 
ren under  the  age  of  sixteen  (16)  years,  a sum  not  exceeding 
six  hundred  ($600)  dollars  per  annum,  or  such  less  sum  as, 
in  the  judgment  of  the  board,  the  condition  of  the  fund  will 
justify,  shall  be  paid  to  such  widow  so  long  as  she  shall  re- 
main unmarried,  or  to  such  child  or  children  while  under  the 
age  of  sixteen  years. 

627-  Who  May  Obtain  Benefits.]  § 7-  Any  person 
who  shall  have  served  in  either  the  police  or  fire  departments 
of  said  city  or  village  for  the  full  term  of  ten  (10)  years,  and 
shall  have  paid  into  the  fund  hereby  provided  for  all  assess- 
ments regularly  made  upon  him  by  the  board  of  trustees  as 
required  by  this  act,  and  the  regulations  of  the  said  board  of 


298 


Statutes. 


trustees  passed  in  pursuance  of  this  act,  and  shall  have  com- 
plied with  all  the  rules  and  regulations  lawfully  established  by 
the  board  of  trustees  in  the  same  manner,  as  if  such  person 
was  an  active  member  in  said  police  or  fire  department,  may 
continue  his  membership  in  this  organization,  and  be  entitled 
to  benefits  of  this  fund  after  he  shall  have  ceased  to  be  a mem- 
ber in  either  said  police  or  fire  department,  by  complying  with 
all  the  provisions  of  this  act,  relative  to  the  payment  of  assess- 
ments, etc.,  the  same  as  prior  to  his  ceasing  to  be  a member 
of  said  departments,  and  the  widow  or  children  of  said  person 
shall  be  entitled  to  all  benefits  hereby  secured  to  other  mem- 
bers of  this  organization. 

628.  How  Money  Paid  Out.]  § 8.  All  moneys  ordered 
to  be  paid  from  said  relief  fund  to  any  person  or  persons,  shall 
be  paid  by  the  treasurer  of  said  board  only  upon  warrants 
signed  by  the  president  of  the  board  and  countersigned  by  the 
secretary,  and  no  warrant  shall  be  drawn  except  by  order  of 
the  board,  duly  entered  in  the  record  of  the  proceedings  of 
the  board.  In  case  the  said  relief  fund,  or  any  part  thereof, 
shall  by  order  of  the  said  board  or  otherwise,  be  deposited 
in  any  bank,  or  loaned,  all  interest  on  money  which  may  be 
paid  or  agreed  to  be  paid,  on  account  of  any  such  loan  or  de- 
posit, shall  belong  to  and  constitute  a part  of  said  fund.  Pro- 
vided, that  nothing  herein  contained  shall  be  construed  as  au- 
thorizing the  said  treasurer  to  loan  the  said  fund,  or  any  part 
thereof,  unless  so  authorized  by  said  board. 

629-  Repeal.]  § 9.  All  acts  or  parts  of  acts,  or  amend- 
ments thereto,  heretofore  enacted,  and  in  any  manner  conflict- 
ing with  the  provisions  of  this  act,  are  hereby  expressly  re- 
pealed. 


Public  Buil dings. 


299 


27.  PUBLIC  BUILDINGS. 


Section.  Section. 

630.  Doors  to  Open  Outward.  632.  When  Public  Building  May  be  Closed. 

631.  Penalty. 


AN  ACT  to  regulate  the  means  of  egress  from  public  buildings.  [Ap- 
proved March  28,  1874.  In  force  July  1,  1874. 

630.  Doors  to  Open  Outward.]  § i.  That  all  public 
buildings  now  in  process  of  construction  or  hereafter  to  be 
built  or  constructed,  which  may  or  shall  be  used  for  churches, 
school  houses,  operas,  theatres,  lecture  rooms,  hotels,  public 
meetings,  town  halls,  or  which  may  or  shall  be  used  for  any 
purpose  whereby  a collection  of  people  may  be  assembled  to- 
gether for  religious  worship,  amusement  or  instruction,  shall 
be  so  built  and  constructed  that  all  doors  leading  from  the 
main  hall  or  place  where  said  collection  of  people  may  be  as- 
sembled, or  from  the  the  principal  room  which  may  be  used 
for  any  of  the  purposes  aforesaid,  shall  be  so  swung  upon  their 
hinges  and  constructed  that  said  doors  shall  open  outward; 
and  that  all  means  of  egress  for  the  public  from  the  main  hall 
or  principal  room,  and  from  the  building,  shall  be  by  means 
of  doors  which  shall  open  outwards  from  the  main  hall  or 
building. 

631.  Penalty.]  § 2.  That  any  person  or  persons  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  this  act 
shall  be  fined  in  any  sum  not  less  than  $ioo  nor  more  than 
$1,000. 

632.  When  Public  Buildings  May  be  Closed.]  § 3. 

That  in  all  cities  and  towns  having  a population  of  two  thous- 
and inhabitants,  and  upwards,  the  mayor,  or  other  corporate 
authorities  of  said  town  or  city,  shall  be  empowered  and  he  is 
hereby  authorized  to  close  and  prohibit  all  public  buildings, 
hereafter  erected,  from  being  used  in  violation  of  this  act. 


300 


Statutes. 


28.  RAILROADS. 


Section. 

633.  Boards  at  Crossings. 

634.  Bell  and  Whistle— Crossings. 

635.  Killing  Stock- Frightening  Team. 

636.  Starting  Train  Without  Signal. 

937.  Approaches  at  Crossings. 

638.  Neglect  to  Make,  Etc.— Crossings— 

Notice. 

639.  When  Company  Neglects— Authori- 

ties to  Consiruct. 

640.  Company  to  Pay  Expense  and  fioo. 

641.  Draw  Bridge— Railroad  Crossing — 

Stop. 


Section. 

642.  Penalty. 

643.  Two  or  More  Railroads  Crossing  Each 

Other  on  Same  Level. 

644.  Civil  Engineer  to  Examine  System, 

Etc. — Compensation. 

645.  Not  to  Obstruct  Highway. 

646.  Speed  Through  Cities,  Etc.— Damages 

—Penalty. 

647.  Flagmen — Shelter. 

648.  Penalties. 


AN  ACT  in  relation  to  fencing  and  operating  railroads.  [Approved 
March  31,  1874.  In  force  July  1,  1874. 

633.  Boards  at  Crossings.]  § 5.  Every  railroad  cor- 
poration shall  cause  boards,  well  supported  by  posts  or  other- 
wise to  be  placed  and  constantly  maintained  upon  each  public 
road  or  street,  where  the  same  is  crossed  by  its  railroad  on  the 
same  level.  Said  boards  shall  be  elevated  so  as  not  to  ob- 
struct the  travel,  and  to  be  easily  seen  by  travelers.  On  each 
side  of  said  boards  shall  be  painted  in  capital  letters,  of  at  least 
the  size  of  nine  inches  each,  the  words,  “railroad  crossing,”  or 
“look  out  for  the  cars.”  This  section  shall  not  apply  to 
streets  in  cities  or  incorporated  towns  or  villages,  unless  such 
railroad  corporation  shall  be  required  to  put  up  such  boards 
by  the  corporate  authorities  of  such  cities,  towns  or  villages: 
Provided , that  when  warning  boards  have  already  been  erec- 
ted, under  existing  laws,  the  maintenance  of  the  same  shall 
be  a sufficient  compliance  with  the  requirements  of  this  sec- 
tion. 

634.  Bell  and  Whistle — Crossings.]  § 6.  Every  rail- 
road corporation  shall  cause  a bell  of  at  least  thirty  pounds 
weight,  and  a steam  whistle  placed  and  kept  on  each  locomo- 
tive engine,  and  shall  cause  the  same  to  be  rung  or  whistled 
by  the  engineer  or  fireman,  at  the  distance  of  at  least  eighty 


Railroads. 


301 


rods  from  the  place  where  the  railroad  crosses  or  intersects 
any  public  highway,  and  shall  be  kept  ringing  or  whistling 
until  such  highway  is  reached. 

635-  Killing  Stock — Frightening  Team.J  § 6y2.  Any 
engineer,  or  person  having  charge  of  and  running  any  railroad 
engine  or  locomotive,  who  shall  willfully  or  maliciously  kill, 
wound  or  disfigure  any  horse,  cow,  mule,  hog,  sheep  or  other 
useful  animal,  shall,  upon  conviction,  be  fined  in  the  sum  of 
not  less  than  the  value  of  the  property  so  killed,  wounded  or 
disfigured,  or  confined  in  the  county  jail  for  a period  of  not 
less  than  ten  days  - and  any  such  engineer  or  fireman,  or  other 
person,  who  shall  wantonly  or  unnecessarily  blow  the  engine 
whistle,  so  as  to  frighten  any  team,  shall  be  liable  to  a fine  of 
not  less  than  $10  nor  more  than  $50. 

636.  Starting  Train  Without  Signal.]  § 7.  If  any 

engineer  on  any  railroad  shall  start  his  train  at  any  station,  or 
within  any  city,  incorporated  town  or  village,  without  ringing 
the  bell  or  sounding  the  w'histle  a reasonable  time  before 
starting,  he  shall  forfeit  a sum  not  less  than  $10  nor  more  than 
$100,  to  be  recovered  in  an  action  of  debt  in  the  name  of  the 
People  of  the  State  of  Illinois,  and  such  corporation  shall  also 
forfeit  a like  sum,  to  be  recovered  in  the  same  manner. 

637-  Approaches  at  Crossings.]  § 8.  Hereafter,  at  all 
of  the  railroad  crossings  of  highways  and  streets  in  this  State, 
the  several  railroad  corporations  in  this  State  shall  construct 
and  maintain  said  crossings,  and  the  approaches  thereto,  within 
their  respective  rights  of  way,  so  that  at  all  times  they  shall 
be  safe  as  to  persons  and  property. 

638.  Neglect  to  Make,  Etc.,  Crossings — Notice.]  § 9. 

Whenever  any  railroad  corporation  shall  neglect  to  construct 
and  maintain  any  of  its  crossings  and  approaches,  as  provided 
in  section  8 of  this  act,  it  shall  be  the  duty  of  the  proper  pub- 
lic authorities,  having  the  charge  of  such  highways  or  streets, 
to  notify,  in  writing,  the  nearest  agent  of  said  railroad  corpor- 


302 


Statutes. 


ation  of  the  condition  of  said  crossing  or  approaches,  and  direct 
the  same  to  be  constructed,  altered  or  repaired  in  such  manner 
as  they  shall  deem  necessary  for  the  safety  of  persons  and 
property. 

639.  When  Company  Neglects,  Authorities  to  Con- 
struct, Etc.]  § io.  If  any  railroad  corporation  of  this  State 
shall,  after  having  been  notified,  as  provided  in  section  9 of 
this  act,  neglect  or  refuse  to  construct,  alter  or  repair  such 
crossing  or  approaches  within  thirty  days  after  such  notice, 
then  said  public  authorities  shall  forthwith  cause  such  con- 
struction, alteration  or  repairs  to  be  made. 

640.  Company  to  Pay  Expenses  and  $100.]  § 11. 

Said  railroad  corporation  shall  be  holden  for  all  necessary  ex- 
penses incurred  in  making  such  construction,  alteration  and 
repairs,  and  in  additon  thereto  shall  be  liable  to  a fine  of  $100 
for  such  neglect  to  comply  with  the  requirements  of  this  act, 
which  fine  shall  be  enforced  by  the  said  public  authorities,  in 
the  name  of  the  People  of  the  State  of  Illinois,  before  any 
court  of  competent  jurisdiction  in  the  county.  Such  fine,  when 
collected,  to  be  paid  into  the  treasury  of  the  authorities  enforc- 
ing the  fine. 

641.  Draw  Bridge — Railroad  Crossing,  Etc. — Stop.] 

§12.  All  trains  running  on  any  railroad  in  this  State,  when 
approaching  a crossing  with  another  railroad  upon  the  same 
level,  or  when  approaching  a swing  or  draw  bridge,  in  use  as 
such,  shall  be  brought  to  a full  stop  before  reaching  the  same, 
and  within  eight  hundred  (800)  feet  therefrom,  and  the  en- 
gineer or  other  person  in  charge  of  the  engine  attached  to  the 
train  shall  positively  ascertain  that  the  way  is  clear  and  that 
the  train  can  safely  resume  its  course  before  proceeding  to 
pass  the  bridge  or  crossing.  [As  amended  by  act  approved 
June  19,  1885.  In  force  July  1,  1885. 

642.  Penalty.  ] § 13.  Every  engineer  or  other  person 

having  charge  of  such  engine,  violating  the  provisions  of  the 


Railroads. 


303 


preceding  section,  shall  be  liable  to  a penalty  of  two  hundred 
dollars  for  each  offense,  to  be  recovered  in  an  action  of  debt 
in  the  name  of  the  People  of  the  State  of  Illinois,  and  the  cor- 
poration on  whose  road  such  offense  is  committed,  shall  be 
liable  to  a penalty  of  not  exceeding  two  hundred  dollars,  to  be 
recovered  in  like  manner,  the  amount  so  recovered  to  be  paid 
into  the  treasury  of  the  county  in  which  the  offense  occurs, 
but  no  recovery  shall  be  had  in  any  case  for  any  offense  com- 
mitted more  than  sixty  days  prior  to  the  commencement  of  the 
action.  The  provisions  of  this  and  of  the  preceding  section 
shall  extend  to  and  govern  all  cases  of  neglect  or  failure  to 
stop  the  train  as  required  by  law  before  passing  any  bridge 
or  railroad  crossing,  whether  occurring  before  or  after  the 
said  provisions  shall  take  effect,  and  no  act  or  part  of  an  act 
inconsistant  with  such  operation  and  effect  being  given  to  this 
law  shall  in  any  way  apply  hereto.  [As  amended  by  act  ap- 
proved June  19,  1885.  In  force  July  1,  1885. 

AN  ACT  in  regard  to  the  dangers  incident  to  railroad  crossings  on  the 
same  level.  [Approved  June  3,  1887.  In  force  July  1,  1878. 

643.  Two  or  More  Railroads  Crossing  Each  Other  on 
the  Same  Level — Requirements.]  § 1.  That  when,  and 
in  case  two  or  more  railroads  crossing  each  other  at  a common 
grade,  shall  by  a system  of  interlocking  and  automatic  signals, 
or  by  other  works,  fixtures  and  machinery  to  be  erected  by 
them,  or  either  of  them,  render  it  safe  for  engines  and  trains 
to  pass  over  such  crossing  without  stopping,  and  such  system 
of  interlocking  and  signals,  works  or  fixtures,  shall  first  be 
approved  by  the  Railroad  and  Warehouse  Commissioners,  or 
any  two  of  them,  and  a plan  of  such  interlocking  and  signals, 
works  and  fixtures,  for  such  crossing  designating  the  plan  of 
crossing  shall  have  been  filed  with  such  Railroad  and  Ware- 
house Commissioners,  then,  and  in  that  case,  it  is  hereby 
lawful  for  the  engines  and  trains  of  any  such  railroad  or  rail- 
roads to  pass  over  said  crossing  without  stopping,  any  law,  or 
the  provisions  of  any  law  now  in  force,  to  the  contrary  not- 


304 


Statutes. 


withstanding;  and  all  such  other  provisions  of  laws,  contrary 
hereto,  are  hereby  declared  not  to  be  applicable  in  such  case: 
Provided , that  the  said  Railroad  and  Warehouse  Commis- 
sioners shall  have  power  in  case  such  interlocking  svstem,  in 
their  judgment,  shall  by  experience  prove  to  be  unsafe  or  im- 
practicable, to  order  the  same  to  be  discontinued. 

644.  Civil  Engineer  to  Examine  System,  Etc. — Com- 
pensation.] §2.  The  said  Railroad  and  Warehouse  Commis- 
sioners may  appoint  a competent  civil  engineer  to  examine 
such  proposed  system  and  plans,  and  report  the  result  of  such 
examination  for  the  information  of  such  Railroad  and  Ware- 
house Commissioners;  and  said  Railroad  and  Warehouse  Com- 
missioners are  hereby  authorized  to  allow  and  reward  five 
dollars  per  day  as  a compensation  for  the  services  of  such 
civil  engineer,  or  such  reasonable  sum  as  such  commissioners 
shall  deem  fit,  and  to  allow  and  to  reward  such  other  and 
further  sums,  as  they  shall  deem  fit  to  pay  all  other  fees,  costs 
and  expenses  to  arrise  under  said  application,  to  be  paid  by 
the  railroad  company  or  companies  in  interest,  to  be  taxed 
and  paid  or  collected  as  in  other  cases.  And  the  said  Rail- 
road and  Warehouse  Commissioners  are  also  empowered  on 
application  for  their  approval  of  any  such  system  of  interlock- 
ing and  signals,  works  or  fixtures,  to  require  of  the  applicant 
security  for  such  fees,  costs  and  expenses,  or  the  deposit,  in 
lieu  thereof,  of  a sufficient  amount  in  money  for  that  purpose 
to  be  fixed  by  them. 

645.  Not  to  Obstruct  Highway.]  § 14.  No  railroad 
corporation  shall  obstruct  any  public  highway  by  stopping 
any  train  upon,  or  by  leaving  any  car  or  locomotive  engine 
standing  on  its  track,  where  the  same  intersects  or  crosses 
such  public  highways,  except  for  the  purpose  of  receiving  or 
discharging  passengers,  or  to  receive  the  necessary  fuel  and 
water,  and  in  no  case  to  exceed  ten  minutes  for  each  train,  car 
or  locomotive  engine. 


Railroads. 


305 


646.  Speed  Through  Cities,  Etc.— Damages— Penalties.] 

§24.  Whenever  any  railroad  corporation  shall  by  itselt  or  agents 
run  any  train,  locomotive  engine,  or  car,  at  a greater  rate  of 
speed  in  or  through  the  incorporated  limits  of  any  city,  town 
or  village,  than  is  permitted  by  any  ordinance  of  such  city, 
town  or  village,  such  corporation  shall  be  liable  to  the  person 
aggrieved  for  all  damages  done  the  person  or  property  by 
such  train,  locomotive  engine  or  car;  and  the  same  shall 
be  presumed  to  have  been  done  by  the  negligence  of  said 
corporation  or  their  agents;  and  in  addition  to  such  penalties 
as  may  be  provided  by  such  city,  town  or  village,  the  person 
aggrieved  by  the  violation  of  any  of  the  provisions  of  this 
section,  shall  have  an  action  against  such  corporation,  so  vio- 
lating any  of  the  provisions  to  recover  a penalty  of  not  less 
than  one  hundred  dollars  ($100),  nor  more  than  two  hundred 
dollars  ($200),  to  be  recovered  in  any  court  of  competent 
jurisdiction;  said  action  to  be  an  action  of  debt,  in  the  name 
of  the  People  of  the  State  of  Illinois,  for  the  use  of  the  person 
aggrieved;  but  the  court  or  jury  trying  the  case  may  reduce 
said  penalty  to  anysum,  not  less,  however,  than  fifty  dollars 
($50),  where  the  offense  committed  by  such  violation  may  ap- 
pear not  to  be  malicious  or  willful:  Provided , that  no  such 
ordinance  shall  limit  the  rate  of  speed,  in  case  of  passenger 
trains  to  less  than  ten  miles  per  hour,  nor  in  any  other  case  to 
less  than  six  miles  per  hour.  [ As  amended  by  act  approved 
May  22,  1877.  In  force  July  1,  1877. 

647-  Flagmen — Shelter.]  § 35.  In  all  cases  where  the 
public  authorities  having  charge  of  any  street  over  which 
there  shall  be  a railroad  crossing,  shall  notify  any  agent  of 
the  corporation  owning,  using  or  operating  such  railroad,  that 
a flagman  is  neccessary  at  such  crossing,  it  shall  be  the  duty 
of  such  railroad  company,  within  sixty  days  thereafter,  to 
place  and  retain  a flagman  at  such  crossing,  who  shall  perform 
the  duties  usually  required  of  flagmen;  and  such  flagman  is 
hereby  empowered  to  stop  any  and  all  persons  from  crossing 
20 


3 o6 


Statutes. 


-a  railroad  track  when,  in  his  opinion,  there  is  danger  from  ap- 
proaching trains  or  locomotive  engines;  and  any  railroad  com- 
pany refusing  or  neglecting  to  place  flagmen,  as  required  by 
this  section,  shall  be  liable  to  a fine  of  $100  per  day  for  every 
day  they  shall  neglect  or  refuse  to  do  so;  and  it  is  hereby 
made  the  duty  of  such  public  authorities  having  charge  of 
such  street,  to  enforce  the  payment  of  such  fine,  by  suit,  in  the 
name  of  the  town  or  municipal  corporation  wherein  such  cross- 
ing shall  be  situate,  before  any  court  of  competent  jurisdic- 
tion in  the  county,  and  the  prosecuting  attorney  shall  attend 
to  the  prosecution  of  all  suits  as  directed  by  said  public  au- 
thorities. All  the  moneys  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  treasury  of  the  town  or  municipal 
corporation  in  whose  name  such  suits  shall  have  been  brought: 
Provided , that  when  any  railroad  company  is  reqnired  to  keep 
a flagman  at  a crossing,  it  shall  have  the  right  to  erect  and 
maintain  in  the  highway  or  street  crossed  a suitable  house 
for  the  shelter  of  such  flagman,  the  same  to  be  so  located 
as  to  create  the  least  obstruction  to  the  use  of  such  street  or 
highway,  and  afford  the  best  view  of  the  railroad  track  in 
each  direction  from  such  crossing. 

648.  Penalties.]  § 36.  If  any  railroad  corporation,  or 
any  of  its  agents,  servants  or  employees,  shall  violate  any  of 
the  provisions  of  this  act,  such  corporation,  agent,  servant  or 
employee  shall,  severally,  unless  otherwise  herein  provided,  be 
liable  to  a fine  of  not  less  than  $10  nor  more  than  $200,  to  be 
recovered  in  an  action  of  debt,  in  the  name  of  the  People  of 
the  State  of  Illinois,  for  the  use  of  any  person  aggrieved,  be- 
fore any  court  of  competent  jurisdiction. 


Riot. 


307 


29.  RIOT. 


Section. 

649.  City  Liable  for  Damages. 

650.  Action,  How  Brought— Judgment. 

651.  When  Entitled  to  Recover. 

652.  Action  by  Party  Against  Persons  En- 

gaged in  Riot— Lien  of  City,  Etc. 


Section. 

653.  Action  by  City  Against  Persons  En- 

gaged *in  Riot. 

654.  Notice  of  Claim  of  Damages — When 

Action  Shall  be  Brought. 

655.  When  City  Settles  Claim. 


AN  ACT  to  indemnify  the  owners  of  property  for  damages  occassioned 
by  mobs  and  riots.  [Approved  June  15,1887.  In  force  July  1, 
1887. 

649.  City  Liable  for  Damages.]  § t.  That  whenever 
any  building  or  other  real  or  personal  property,  except 
property  in  transit,  shall  be  destroyed  or  injured  in  conse- 
quence of  any  mob  or  riot  composed  of  twelve  or  more  per- 
sons, the  city,  or  if  not  in  a city  then  the  county  in  which  such 
property  was  destroyed,  shall  be  liable  to  an  action  by  or  in 
behalf  of  the  party  whose  property  was  thus  destroyed  or 
injured,  for  three-fourths  of  the  damages  sustained  by  reason 
thereof. 

650-  Action,  How  Brought — Judgment.]  § 2.  Such 
action  may  be  brought  in  the  form  of  an  action  on  the  case, 
or  other  appropriate  action,  and  whenever  any  final  judgment 
shall  be  secured  against  any  such  city  or  county  in  any  such 
action,  the  same  shall  be  paid  in  due  course  as  in  case  of  other 
judgments. 

651.  When  Entitled  to  Recover.]  § 3.  No  person  or 
incorporation  shall  be  entitled  to  recover  in  any  such  action  if 
it  shall  appear  on  the  trial  thereof  that  such  destruction  or 
injury  of  property  was  occasioned,  or  in  any  way  aided,  sanc- 
tioned or  permitted  by  the  carelessness,  neglect  or  wrongful 
act  of  such  person  or  corporation;  nor  shall  any  person  or 
corporation  be  entitled  to  recover  any  damages  for  any  destruc- 
tion or  injury  of  property  as  aforesaid,  unless  such  party  shall 
have  used  all  reasonable  diligence  to  prevent  such  damage. 


3°8 


Statutes. 


652.  Action  by  Party  Against  Persons  Engaged  in 

Riot — Lien  of  City,  Etc.  | § 4.  Nothing  in  this  act  shall 

be  construed  to  prevent  any  person  or  corporation  whose 
property  has  been  injured  or  destroyed  in  consequence  of  any 
mob  or  riot,  from  having  or  maintaining  an  action  or  actions 
against  any  person  or  persons,  engaged  or  in  any  manner 
participating  in  such  mob  or  riot,  for  the  recovery  of  the 
damages  sustained  thereby:  Provided,  that  when  such  city  or 
county,  shall  have  paid  any  part  of  such  damage,  such  city, 

' or  county,  making  such  payment  shall  have  a lien  to  the 
amount  so  paid  upon  any  judgment  or  claim,  against  any  per- 
son or  persons  engaged  in,  or  in  any  manner  participating  in 
such  mob  or  riot,  together  with  the  right  and  power  to 
enforce  and  collect  such  judgment  or  claim,  and  when  such 
city  or  county  shall  have  been  reimbursed  the  money  so  paid 
by  it,  such  portion  of  such  judgment  or  judgments,  or  claim 
or  claims  remaining  unpaid  shall  then  revert  to,  and  become 
the  property  of  the  original  owner  thereof,  and  such  owner 
shall  have  the  right  to  enforce  and  collect  the  same. 

653.  Action  by  City  Against  Persons  Engaged  in 

Riot.J  § 5-  It  shall  be  lawful  for  the  city  or  county  against 
which  a judgment,  or  judgments,  for  damages  shall  be  recov- 
ered under  the  provisions  of  this  act,  to  bring  an  action,  or 
actions  against  any  person  or  persons  engaged  or  in  any  man- 
ner participating  in  said  mob  or  riot,  for  the  recovery  of  the 
amount  of  said  judgment  or  judgments  and  costs,  and  such 
actions  shall  not  abate  or  fail  by  reason  of  too  many  or  too 
few  parties  defendant  being  named  therein;  the  same  shall  to 
all  intents  and  purposes  be  treated  as  an  action  of  trespass 
brought  by  the  owners  of  such  property,  except  that  the 
statute  of  limitations  as  to  such  action  shall  not  begin  to  run 
against  said  city  or  county  until  its  liability  is  fixed  by  judg- 
ment as  hereinbefore  provided.. 


Roads  and  Bridges. 


309 


654.  Notice  of  Claim  of  Damages  — When  Action 
Shall  be  Brought.]  § 6.  No  action  shall  be  maintained 
under  the  provisions  of  this  act,  by  any  person  or  corporation 
whose  property  shall  have  been  destroyed  or  injured  as  afore- 
said, unless  notice  of  claim  for  damages  be  presented  to  such 
city  or  county  within  thirty  days  after  such  loss  or  damage 
occurs  and  such  action  shall  be  brought  within  twelve  months 
after  such  destruction  or  injury  occurs,  but  nothing  in  this  act 
shall  be  construed  as  authorizing  any  recovery  by  the  United 
States,  the  State  of  Illinois,  or  any  county,  for  the  destruction 
of,  or  injury  to  property  by  mobs  or  riots. 

655-  When  City  Settles  Claim.]  § 7.  Any  city  or 
county  may  settle  with,  and  pay,  the  owner  of  any  such  prop- 
erty the  damages  so  sustained;  and  any  such  city  or  county 
which  shall  have  paid  any  sum  under  the  provisions  of  this 
act,  whether  by  voluntary  settlement  or  otherwise,  may  re- 
cover the  same  with  all  costs  paid  by  it  from  any  or  all  the 
persons  engaged  in  the  destruction  or  injury  of  the  property 
so  paid  for. 


30.  ROADS  AND  BRIDGES. 


Section.  Section. 

656.  Commissioners  Certificate— Taxes  Ex-  659.  Subject  to  Municipal  Control. 

tended— How  Collected  and  Paid. 

657.  Tax  of  Town  or  Village. 

658.  May  Construct  or  Acquire  Bridges 

and  Roads  Within  and  Without 
City. 


656.  Commissioners’  Certificate — Taxes  Extended — 
How  Collected  and  Paid.]  § 16.  The  commissioners  at 
said  semi-annual  meeting,  shall  make  a certificate  of  the  rate 
per  centum  finally  agreed  upon,  by  virtue  of  sections  thirteen 
and  fourteen  of  this  act,  also  the  amount  to  liquidate  road  and 
ditch  damages,  and  shall  cause  such  certificate  to  be  delivered 
to  the  town  clerk,  to  be  kept  t?y  him  on  file  for  the  inspection 


3io 


Statutes. 


of  the  inhabitants  of  said  town,  and  the  town  clerk  shall  at 
once  certify  these  two  items  of  levy  to  the  county  clerk  to  be 
by  him  extended  as  one  tax  upon  the  collector’s  book  of  said 
town,  to  be  collected  as  other  taxes,  and  when  collected  shall 
be  paid  to  the  treasurer  of  the  commissioners  by  the  collector 
as  fast  as  the  same  is  collected,  except  such  rate  per  cent,  as 
shall  be  allowed  for  collecting  the  same:  Provided , that  one- 
half  the  tax  required  to  be  levied  in  sections  thirteen  and  four- 
teen and  collected  for  road  and  bridge  purposes,  on  the  prop- 
erty  lying  within  an  incorporated  village,  town  or  city  in 
which  the  streets  and  alleys  are  under  the  care  of  the  corpo- 
ration, shall  be  paid  over  to  the  treasurer  of  such  village,  town 
or  city,  to  be  appropriated  to  the  improvement  of  roads,  streets 
and  bridges  either  within  or  without  said  village,  town  or  city, 
and  within  the  township  under  the  direction  of  the  corporate 
authorities  of  such  village,  town  or  city:  And  'provided , fur- 
ther, that  when  any  of  said  tax  is  expended  beyond  the  limits 
of  said  village,  town  or  city,  it  shall  be  with  the  consent  of  the 
road  commissioners  of  the  town:  Provided , further , that  in 
all  cities  of  thirty-five  thousand  (35,000)  inhabitants  or  up- 
wards, all  of  said  tax  required  to  be  levied  and  collected  under 
said  sections  thirteen  and  fourteen  within  the  limits  of  such 
city,  shall  be  paid  over  to  the  treasurer  of  such  city  for  city 
purposes.  [As  amended  by  act  approved  June  3,  1889.  In 
force  July  1,  1889. 

AN  ACT  in  regard  to  roads  and  bridges  in  counties  under  township  or- 
ganization, and  to  repeal  an  act  and  parts  of  acts  therein  named* 
[Approved  June  23,  1883.  In  force  July  1,  1883. 

657.  Tax  of  Town  or  Village.]  § 83.  The  commis- 
sioners of  highways  of  each  town  shall  annually  ascertain,  as 
near  as  practicable,  how  much  money  must  be  raised  by  tax 
on  real  and  personal  property,  and  railroad  property  known 
as  “railroad  track”  and  “rolling  stock,”  for  the  making  and 
repairing  of  roads  only,  to  any  amount  they  may  deem  neces- 
sary, not  exceeding  forty  cents  on  each  one  hundred  dollars’ 


Roads  and  Bridges. 


3ii 

worth,  as  equalized  and  assessed  by  the  State  Board  of  Equali- 
zation, for  the  purposes  of  taxation  for  the  previous  year,  and 
shall  levy  and  assess  the  same  as  a road  tax  against  said  prop- 
erty: Provided , that  the  tax  on  the  property  levied  for  road 
purposes  only,  lying  within  an  incorporated  village,  town  or 
city,  in  which  the  streets  and  alleys  are  under  the  care  of  the 
corporation,  shall  be  paid  over  to  the  treasurer  of  such  vil- 
lage, town  or  city,  to  be  appropriated  to  the  improvement  of 
roads,  streets  and  bridges,  either  within  or  without  said  vil- 
lage, town  or  city,  and  within  the  township,  under  the  direc- 
tion of  the  corporate  authorities  of  such  village,  town  or  city: 
Provided , Jurther , that  when  any  of  said  tax  is  expended 
beyond  the  limits  of  said  village,  town  or  city,  it  shall  be  with 
the  consent  of  the  road  commissioners  of  the  town : And , 
-provided,  Jurther,  that  the  authorities,  of  such  incorporated 
town,  city  or  village,  may,  at  any  time,  direct  the  collector 
not  to  collect  the  tax  so  levied  within  the  limits  of  such  incor- 
porated town,  city  or  village. 

AN  ACT  to  amend  an  act  and  the  title  thereto,  entitled  “An  act  to 
enable  cities  and  villages  to  build,  acquire  and  maintain  bridges 
and  ferries  outside  of  their  corporate  limits,  and  to  control  the 
same,”  approved  and  in  force  May  5,  1879. 

§ I.  That  an  act  entitled  “An  act  to  enable  cities  and  vil- 
lages to  build,  acquire  and  maintain  bridges  and  ferries  out- 
side of  their  corporate  limits,  and  to  control  the  same,”  ap- 
proved and  in  force  May  5,  1879,  amended,  with  the  title 
thereto,  so  as  to  hereafter  read  as  follows: 

An  act  to  enable  cities  and  villages  to  build,  acquire  and 
maintain  bridges  and  ferries  outside  their  corporate  limits,  and 
to  control  the  same;  also  to  construct,  improve  and  maintain 
roads,  outside  their  corporate  limits. 

* 658.  May  Construct  or  Acquire  Bridges  and  Roads 
Within  and  Without  City.]  § 1.  That  it  shall  be  lawful 
for  any  city  or  village  within  this  State  to  build,  or  acquire  by 


312 


Statutes. 


purchase,  lease  or  gift,  and  to  maintain  ferries  and  bridges, 
and  the  approaches  thereto,  for  each  ferry  or  bridge  within 
the  corporate  limits,  or,  at  any  point  within  five  (5)  miles  of 
the  corporate  limits,  of  such  city  or  village;  also  to  construct, 
improve  and  maintain  roads  within  five  (5)  miles  of  the  cor- 
porate limits  of  such  city  or  village,  connecting  with  said 
bridges  and  ferries  on  either  side  thereof.  That  all  such  fer- 
ries, bridges  and  roads  shall  be  free  to  the  public  and  no  toll 
shall  ever  be  collected  by  any  such  city  or  village  authority: 
Provided , that  where  any  city  or  village  has  become  or  is  the 
owner  of  any  toll  bridges  or  ferries  and  is  keeping  up  and 
maintaining  the  same  by  authority  of  law,  all  ownership  and 
rights  vested  in  such  city  or  village  chall  continue  in  and  be 
held  and  exercised  by  them,  and  they  may  from  time  to  time 
fix  the  rates  of  toll  on  such  bridges  and  ferries:  And,  pro- 
vided, further , that  in  all  cases  where  a bridge  shall  here- 
after be  built,  or  a ferry  acquired  across  a navigable  stream, 
by  any  city  or  village,  in  whole  or  in  part,  where  the  popula- 
tion of  such  city  or  village  furnishing  the  principal  part  of  the 
expenses  thereof  shall  not  exceed  five  thousand  (5,000)  in- 
habitants, and  where  it  is  necessary  to  maintain  a draw  and 
lights,  and  a debt  shall  be  incurred  by  such  city  or  village  for 
such  purpose,  then  a reasonable  toll  may  be  collected  by  the 
city  or  village  contracting  such  indebtedness,  to  be  set  apart 
and  appropriated  to  the  payment  of  such  indebtedness,  inter- 
est thereon  and  the  expenses  of  keeping  such  bridge  in  repair 
and  of  maintaining,  opening  and  closing  the  proper  draws 
therefor,  and  lights;  or,  in  case  of  a ferry,  keeping  the  ap- 
proaches and  boat  in  repair  and  operating  the  same. 

659.  Subject  to  Municipal  Control.]  § 2.  Every 

bridge  or  ferry  so  owned  or  controlled  by  such  city  or  village, 
and  the  approaches  thereto,  when  outside  the  corporate  limits, 
shall'  be  subject  to  the  municipal  control  and  ordinances  of 
such  city  or  village,  the  same  to  all  intents  and  purposes  and 
in  effect  as  though  such  bridge  or  ferry  and  the  approaches 


Sale  of  Property. 


3i3 


thereto  were  situated  within  the  corporate  limits  of  such  city 
or  village,  and  in  such  case  the  county  may  assist  in  the  con- 
struction of  said  bridge,  as  is  now  provided  by  law. 

Approved  June  16,  1891. 

31.  SALE  OF  PROPERTY. 


Section.  Section. 

660.  Cities  May  Sell— When  and  How.  662.  Deeds  of  Conveyance. 

€61.  Ordinance— Notice  to  Bid— Acceptance 
or  Refusal  of  Bid. 


AN  ACT  to  authorize  cities  and  villages  to  convey  any  real  or  personal 
estate,  or  their  right  and  title  therein,  when  the  same  shall  be  no 
longer  necessary  for,  or  profitable  to,  or  its  longer  retention  be  for 
the  best  interests  of  such  city  or  village.  [Approved  March  22, 
1889.  In  force  July  1,  1889. 

660.  Cities  May  Sell — When.]  § i.  That  any  city  or 
village  incorporated  under  any  general  or  special  law  of  this 
State,  which  shall  have  acquired  or  hold  any  real  or  personal 
■estate  for  any  purpose  whatsoever,  is  hereby  authorized  and 
■empowered  by  ordinance  passed  by  three-fourths  of  the  mem- 
bers of  the  city  council  of  any  such  city,  or  of  the  board  of 
trustees  of  any  such  village,  at  any  regular  or  at  any  special 
meeting  called  for  such  purpose,  to  sell  such  property  when 
the  same  shall,  in  the  opinion  of  such  majority  of  such  city 
council  or  board  of  trustees,  be  no  longer  necessary,  appropri- 
ate or  required  for  the  use  of  such  city  or  village,  or  profitable 
to,  or  its  longer  retention  be  for  the  best  interests  of  such  city 
or  village. 

661.  Ordinance — Notice  to  Bid — Acceptance  or  Refus- 
al of  Bid.  ] § 2.  Such  ordinance  shall  specify  the  location 

of  such  real  or  personal  estate,  and  the  use  thereof,  of  what- 
ever kind  the  same  may  be,  and  before  any  sale  shall  be  made 
under  or  by  virtue  of  any  such  ordinance,  by  the  city  council 
of  any  such  city,  or  the  board  of  trustees  of  any  such  village, 
such  ordinance  and  proposal  to  sell  shall  be  published  in  one 


3H 


Statutes. 


of  its  daily  or  weekly  papers  for  a period  of  not  less  than  sixty 
days,  and  if  no  paper  be  published  in  such  city  or  village,  then 
it  shall  be  published  in  some  paper  of  general  circulation  in 
this  State  nearest  to  such  city  or  village.  Such  notice  shall 
contain  an  accurate  description  of  such  property,  the  purpose 
for  which  it  is  used,  and  at  what  meeting  the  bids  will  be  con- 
sidered and  opened,  and  shall  advertise  for  sixty  days  for 
bids  therefor.  All  such  bids  shall  be  opened  only  at  a regular 
meeting  of  such  city  council  or  board  of  trustees,  and  shall  be 
accepted  only  upon  a vote  of  three-fourths  of  the  members  of 
such  city  council  or  board  of  trustees:  Provided , however  r 
that  the  city  council  or  board  of  trustees  may  by  a majority 
vote  reject  any  and  all  bids. 

662-  Deeds  of  Conveyance.]  § 3.  Upon  any  bid  hav- 
ing been  accepted  and  the  purchase  price  duly  paid  or  secured,, 
the  mayor  and  city  clerk,  or  the  president  of  the  board  of 
trustees  and  the  clerk  of  such  board,  shall  have  the  power  to 
convey  such  real  and  personal  estate  and  transfer  the  same  to 
such  party  or  parties  whose  bids  have  been  accepted,  by 
proper  deed  or  deeds  of  conveyance,  stating  therein  the  price 
therefor,  with  the  seal  of  the  corporation. 


Schools. 


3i5 


32.  SCHOOLS. 


Section. 

663.  Apportionment  of  State,  County  and 

Other  Funds. 

664.  Powers  of  Other  Directors. 

665.  School  Law  Applicable  to  Cities. 

666.  Board  of  Education. 

667.  Election  of  President  of  Board. 

668.  Duties  of  President. 

669.  Election  and  Terms  of  Members. 

670.  Notice  of  Election. 

671.  Failure  to  Give  Notice. 

672.  Election — How  Conducted. 

673.  First  Election — To  Succeed  Directors 

— Terms  of  Office. 

674.  Powers  of  Board  of  Education. 

675.  Expenditures  Decided  by  Yea  and 

Nay  Vote. 

676.  Powers  Exercised  Only  at  a Regular 

or  Special  Meeting. 

677  Titles  in  Trustees. 

678.  Money  Held  as  Special  Fund,  Subject 

to  Order  of  Board. 

679.  Schools  Under  Special  Charter  May 

Adopt  This  Act— Proceedings. 

680  Organization  Hereunder— Elections. 
6S1.  Membership — Eligibility. 

682.  Organization  of  Board. 

683.  Books— Records— Yeas  and  Nays. 

684.  Power  of  Board  With  Consent  of  Coun- 

cil. 

685.  Powers  of  Board. 

686.  Duties  of  Board. 

687.  Powers  Exercised.  Only,  at  Regular  or 

Special  Meetings. 

688.  Title  to  Realty  Vests  in  Council  in 

Trust. 

689.  Money  a Special  Fund,  Subject  to  Or- 

der of  Board. 


Section. 

690.  Expenditures  Confined  to  Specified 

Receipts  and  Appropriations. 

691.  Board  Exclusively  Governs  Schools. 

692.  School  Officers  Converting  Funds — 

Penalty. 

693.  No  Appropriation  for  Sectarian  Insti- 

tution or  Purpose. 

694.  Not  to  be  Interested  in  Sale  of  Books, 

Etc.— Penalty. 

695.  No  Exclusion  for  Color. 

696.  Statute,  How  to  be  Construed. 

697.  Judgment  Enforced  Against  Trustees 

and  Directors. 

698.  No  Compensation  — Exempt  From 

Road  Labor  and  Military  Service. 

699.  Term  of  Present  Officers. 

700.  School  Directors. 

701.  school  Directors— How  Appointed. 

702.  Organization  of  Board— Powers — Du- 

ties. 

703.  Certificate  of  Tax — Limitation. 

704.  Election  tor  School  Directors. 

705.  Compulsory  Attendance — Penalty. 

706.  Truant  Officers— Duties — Compensa- 

tion. 

707.  Evasion  of  Act — Penalty. 

708.  Prosecution.' 

709.  Jurisdiction  of  Offenses. 

710.  Repeal. 

71 1.  How  City  May  Convey  Realty  for 

School  Purposes. 

712.  When  Realty  Ceases  to  be  Used  for 

School  Purposes. 

713.  Trustees  Under  Special  Charter- 

Rights  of. 

714.  Repeal. 

715.  How  City  May  Convey  Realty  for 

School  Purposes. 


AN  ACT  to  establish  and  maintain  a system  of  free  schools.  [Ap- 
proved and  in  force  May  21,  1889. 

ARTICLE  II. 

663.  Apportionment  of  State,  County  and  Other  Funds.] 

§ 20.  Upon  the  receipt  of  the  amount  due  upon  the  Auditor’s 
warrant,  the  county  superintendent  shall  apportion  said  amount, 
also  the  interest  on  the  county  fund  and  the  fines  and  forfeit- 


316 


Statutes 


ures,  to  the  several  townships  and  parts  of  townships  in  his 
county,  in  which  townships  or  parts  of  townships  schools  have 
been  kept  in  accordance  with  the  provisions  of  this  act  and 
with  the  instructions  of  the  State  and  county  superintendents 
according  to  the  number  of  children,  under  twenty-one  years 
of  age,  returned  to  him,  and  shall  pay  over  the  distributive 
share  belonging  to  each  township  and  fractional  township,  to 
the  respective  township  treasurers,  or  other  authorized  per- 
son, annually:  Provided , that  no  part  of  the  State,  county  or 
other  school  fund  shall  be  paid  to  any  township  treasurer,  or 
other  person  authorized  by  said  treasurer,  unless  said  town- 
ship treasurer  has  filed  his  bond,  as  required  by  section  i,  of 
Article  IV,  of  this  act,  nor  in  case  said  treasurer  is  re-appointed 
by  the  trustees,  unless  he  shall  have  renewed  his  bond  and 
filed  the  same  as  aforesaid. 

ARTICLE  V. 

BOARD  OF  DIRECTORS. 

664.  Powers  of  Directors.  | § 27.  The  board  of  school 

directors  shall  be  clothed  with  the  following  additional 
powers : 

First — To  use  any  funds  belonging  to  their  district,  and  not 
otherwise  appropriated,  for  the  purchase  of  a suitable  book  for 
their  records.  And  the  said  records  shall  be  kept  in  a punc- 
tual, orderly  and  reliable  manner. 

Second — Said  directors  may,  where  they  deem  the  amount 
of  labor  done  sufficient  to  justify  it,  allow  the  clerk  of  such 
board  of  directors,  out  of  any  funds  not  otherwise  appropri- 
ated, compensation  for  duties  actually  performed. 

Third — They  shall  have  power  to  dismiss  a teacher  for 
incompetency,  cruelty,  negligence,  immorality  or  other  suffi- 
cient cause. 

Fourth — They  shall  have  power  to  assign  pupils  to  the 
several  schools  in  the  district,  to  admit  non-residents,  when  it 


Schools. 


3i7 


can  be  done  without  predjudice  to  the  rights  of  resident 
pupils,  to  fix  rates  of  tuition,  collect  and  pay  the  same  to  the 
township  treasurer  for  the  use  of  said  district. 

Fijth — They  may  suspend  or  expel  pupils  who  may  be 
guilty  of  gross  disobedience  or  misconduct,  and  no  action  shall 
lie  against  them  for  such  expulsion  or  suspension. 

. Sixth — They  may  provide  that  children  under  twelve  (12) 
years  of  age  shall  not  be  confined  in  school  more  than  four 
hours  daily. 

Seventh — They  may  appropriate  for  the  purchase  of  libra- 
ries and  apparatus;  any  school  funds  remaining  after  all 
necessary  school  expenses  are  paid. 

Eighth — When  any  school  district  owns  any  personal  prop- 
erty not  needed  for  school  purposes,  the  directors  of  such 
district  may  sell  such  property  at  public  or  private  sale,  as  in 
their  judgment  will  be  for  the  best  interest  of  the  district,  and 
the  proceeds  of  such  sale  shall  be  paid  over  to  the  treasurer  of 
such  district,  for  the  benefit  of  said  school  district. 

Ninth — They  may  grant  special  holidays  whenever  in  their 
judgment  such  action  is  advisable:  Provided , no  teacher  shall 
be  required  to  make  up  the  time  lost  by  the  granting  of  such 
holidays. 

Tenth — They  shall  have  the  control  and  supervision  of  all 
school  houses  in  their  district,  and  may  grant  the  temporary 
use  of  school  houses  when  not  occupied  by  schools,  for  relig- 
ious meetings  and  Sunday  schools,  for  evening  schools  and 
literary  societies,  and  for  such  other  meetings  as  the  directors 
may  deem  proper. 

Eleventh — They  shall  have  power  to  decide  when  the 
school  house  site  or  the  school  buildings  have  become  un- 
necessary, or  unsuitable,  or  inconvenient  for  a school. 

Tzvelve — They  may  borrow  money  and  issue  bonds  therefor 
for  building  school  houses,  purchasing  sites,  repairing  and 
improving  school  houses,  in  the  way  and  manner  provided  for 
by  Article  IX  of  this  Act. 


Statutes. 


318 

ARTICLE  VI. 

BOARD  OF  EDUCATION. 

665.  School  Law  Applicable  to  Cities.]  § 1.  Incor- 
porated cities  and  villages,  except  such  as  now  have  charge 
and  control  of  free  schools  by  special  acts,  shall  be  and  remain 
parts  of  the  school  townships  in  which  they  are  respectively 
situated  and  be  subject  to  the  general  provisions  of  the  school 
law,  except  as  otherwise  provided  in  this  article. 

666.  Board  of  Education.]  § 2.  In  all  school  districts 
having  a population  of  not  less  than  one  thousand  and  not 
over  one  hundred  thousand  inhabitants  and  not  governed  by 
any  special  act  in  relation  to  free  schools  now  in  force,  there 
shall  be  elected,  instead  of  the  directors  provided  by  law  in 
other  districts,  a board  of  education,  to  consist  of  a president 
of  the  board  of  education,  six  members  and  three  additional 
members  for  every  additional  ten  thonsand  inhabitants.  When- 
ever additional  members  of  such  board  of  education  are  to  be 
elected  by  reason  of  increased  population  of  such  district,  such 
members  shall  be  elected  on  the  third  Saturday  of  April  suc- 
ceeding the  ascertaining  of  such  increase  by  any  special  or 
general  census,  and  the  notice  of  such  election  shall  designate 
the  term  for  which  the  members  are  to  be  elected,  so  that  one 
third  of  the  board  shall  be  elected  for  each  year:  Provided , 
that  in  no  case  shall  said  board*  consist  of  more  than  fifteen 
members. 

667-  Election  of  President  of  Board.]  § 3.  The 

president  of  said  board  of  education  shall  be  elected  annually, 
at  the  same  time  the  members  of  the  board  of  education  are 
elected,  and  he  shall  hold  his  office  for  the  term  of  one  year, 
and  until  his  successor  is  elected  and  qualified. 

668.  Duties  of  President  of  Board.]  § 4.  The  pres- 
ident of  the  board  of  education  so  elected,  shall  preside  at  all 
meetings  of  said  board  and  shall  give  the  casting  vote  in  case 


Schools. 


3i9 


of  a tie  between  the  members  thereof;  but  otherwise  he  shall 
not  have  a vote.  He  shall  sign  all  orders  for  the  payment  of 
money  ordered  by  said  board,  and  generally  perform  such  du- 
ties as  are  imposed  by  law  upon  presidents  of  boards  of  di- 
rectors, or  that  may  be  imposed  upon  him  by  said  board  of 
education  not  in  conflict  with  law:  Provided , that  in  the  ab- 
sence or  inability  to  act  as  said  president,  said  board  may  ap- 
point a president  -pro  tempore  from  their  number. 

669-  Election  and  Terms  of  Members.]  § 5.  The 

annual  election  of  members  of  the  board  of  education  shall  be 
on  the  third  Saturday  in  April,  when  one-third  of  the  mem- 
bers shall  be  elected  for  three  years  and  until  their  successors 
are  elected  and  qualified. 

670.  Notice  of  Election.]  § 6.  Notice  of  such  elec- 
tion shall  be  given  by  the  board  of  education  at  least  ten  days 
previous  to  such  election  by  posting  notices  in  at  least  three 
of  the  most  public  places  in  said  district  which  shall  specify 
the  place  where  such  election  is  to  be  held,  the  time  of  open- 
ing and  closing  the  polls  and  the  purpose  for  which  such  elec- 
tion is  held,  which  notice  may  be  in  the  following  form,  to-wit: 

Public  notice  is  hereby  given,  that  on  Saturday  the day  of  April  A,  D an 

election  will  be  held  at between  the  hours  of and of  said  day,  for  the 

purpose  of  electing  a president  of  the  board  of  education  of  distriet  number township 

No , range  No and members  of  the  board  of  education  of  said  district. 

Dated  this day  of. .,  A.  D A B President. 

C D Clerk. 

671.  Failure  to  Give  Notice.]  § 5.  In  case  of  a fail- 
ure to  give  the  notice  above  provided  for,  such  election  may  be 
held  on  any  Saturday  after  such  notice  has  been  given  afore- 
said. 

672-  Election — How  Conducted.]  § 8.  Such  election 
shall  be  conducted  in  the  same  manner  and  be  governed  by 
the  provisions  of  this  act,  relating  to  the  election  of  boards  of 
directors,  except  as  otherwise  provided  by  law. 

673.  First  Election — To  Succeed  Directors — Terms  of 
Office.J  § 9.  At  the  first  election  of  directors  succeeding 
the  passage  of  this  act,  in  any  district  having  a population  of 


320 


Statutes. 


not  less  than  one  thousand  inhabitants  by  the  census  of  1880, 
and  in  such  other  districts  as  may  hereafter  be  ascertained  by 
any  special  or  general  census  to  have  a population  of  not  less 
than  one  thousand  inhabitants  at  the  first  election  of  directors 
occurring  after  taking  such  special  or  general  census  there 
shall  be  elected  a board  of  education,  who  shall  be  the  suc- 
cessors of  the  directors  of  the  district;  and  all  rights  of  prop- 
erty and  all  rights  or  causes  of  action  existing  or  vested  in^ 
such  directors,  shall  vest  in  said  board  of  education,  in  as 
full  and  complete  a manner  as  was  vested  in  the  school  di- 
rectors. Such  board,  at  its  first  meeting,  shall  fix,  by  lot,  the 
terms  of  office  of  its  members,  so  that  one-third  of  them  shall 
serve  for  one  year,  one-third  for  two  years,  and  one-third  for 
three  years,  and  thereafter  one-third  shall  be  elected  annually 
on  the  third  Saturday  in  April,  to  fill  the  vacancies  occurring, 
and  to  serve  for  the  term  of  three  years. 

674.  Powers  of  Board  of  Education.]  § 10.  The 

board  of  education  shall  have  all  the  powers  of  school  direc- 
tors, and  in  addition  thereto,  and  inclusive  thereof,  they  shall 
have  the  power  and  it  shall  be  their  duty — 

First — To  establish  and  support  free  schools  not  less  than 
six  nor  more  than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses  and  furnish 
them  with  the  necessary  fixtures,  furniture  apparatus,  libraries 
and  fuel. 

Third — To  examine  and  employ  teachers  and  fix  the  amount 
of  their  salaries. 

Fourth — To  establish  schools  of  different  grades  and  make 
regulations  for  the  admission  of  pupils  into  the  same. 

Fijth — To  buy  or  lease  sites  for  school  houses  with  the 
necessary  grounds:  Provided , it  shall  not  be  lawful  for  such 
board  of  education  to  purchase  or  locate  a school  house  site  or 
to  purchase,  build  or  move  a school  house,  unless  authorized 
by  a majority  of  all  voters  voting  at  an  election  called  for  such 


Schools. 


321 


purpose  in  pursuance  of  a petition,  signed  by  not  less  than  five 
hundred  legal  voters  of  such  district,  or  by  one-fifth  of  all  the 
legal  voters  of  such  district. 

Sixth — To  levy  a tax  annually  upon  the  taxable  property  of 
the  district  in  the  manner  provided  in  Article  VIII  of  this  Act, 
for  the  purpose  of  supporting  and  maintaining  free  schools  in 
accordance  with  the  powers  herein  conferred:  Provided, 
that  it  shall  not  be  lawful  for  such  board  of  education  to  levy 
a tax  to  extend  schools  beyond  the  period  of  ten  months  in 
each  year,  except  upon  petition  of  a majority  of  the  voters  of 
the  district:  And  -provided  further,  that  all  taxes  shall  be 
levied  under  the  limitations  relating  to  the  percentage  of  the 

Seventh — To  employ,  should  they  deem  it  expedient,  a com- 
petent and  discreet  person  or  persons  as  superintendent  or 
superintendents  of  schools,  and  fix  and  pay  a proper  salary  or 
salaries  therefor;  and  such  superintendent  may  be  required  to 
act  as  principal  or  teacher  in  such  schools. 

Eighth — To  lay  off  and  divide  the  districting  sub-districts, 
and  from  time  to  time  alter  the  same,  create  new  ones  and 
consolidate  them. 

Ninth — To  visit  all  the  public  schools  as  often  as  once  a 
month,  to  inquire  into  the  progress  of  scholars  and  the  gov- 
ernment of  the  schools. 

Tenth — To  prescribe  the  method  and  course  of  discipline 
and  instruction  in  the  respective  schools,  and  to  see  that  they 
are  maintained  and  pursued  in  the  proper  manner. 

Eleventh — To  expel  any  pupil  who  may  be  guilty  of  gross 
disobedience  or  misconduct;  no  action  shall  lie  against  them 
for  such  expulsion. 

Twelfth — To  dismiss  and  remove  any  teacher,  whenever, 
in  their  opinion,  he  or  she  is  not  qualified  to  teach,  or  when- 
ever from  any  cause  the  interests  of  the  schools  may  in  their 
opinion  require  such  removal  or  dismissal. 

Thirteenth — To  apportion  the  scholars  to  the  several  schools. 

Fourteenth — To  establish  and  promulgate  all  such  by-laws, 

21 


322 


Statutes. 


rules  and  regulations  for  the  government  and  the  establish- 
ment and  maintenance  of  a proper  and  uniform  system  of  dis- 
cipline in  the  several  schools,  as  may  in  their  opinion  be  nec- 
essary. 

Fifteenth — To  take  charge  of  the  school  houses,  furniture, 
grounds  and  other  property  belonging  to  the  district,  and  see 
that  the  same  are  kept  in  good  condition  and  not  suffered  to 
be  unnecessarily  injured  or  deteriorated. 

Sixteenth — To  provide  fuel  and  such  other  necessaries  for 
the  schools  as  in  their  opiniou  may  be  required  in  the  school 
houses,  or  other  property  belonging  to  or  under  the  control  of 
the  district. 

Seventeenth — To  appoint  a secretary  and  provide  well  bound 
books  at  the  expense  of  the  school  tax  fund,  in  which  shall  be 
kept  a faithful  record  of  all  their  proceedings. 

Eighteenth — To  annually  prepare  and  publish  in  some 
newspaper,  or  in  pamphlet  form,  a report  of  the  number  of 
pupils  instructed  in  the  year  preceding,  the  several  branches 
of  study  pursued  by  them,  of  the  number  of  persons  between 
the  ages  of  twelve  and  twenty-one  unable  to  read  or  write, 
and  the  receipts  and  expenditures  of  each  school,  specifying 
the  source  of  such  receipts  and  the  objects  of  such  expendi- 
tures. 

675-  Expenditures  decided  by  yea  and  nay  vote.]  § n. 

In  all  questions  involving  the  expenditure  of  money,  the  yeas 
and  nays  shall  be  taken  and  entered  on  the  records  of  the  pro- 
ceedings of  the  board. 

676  Powers  Exercised  only  at  Regular  or  Special 

Meeting.]  § 12.  None  of  the  powers  herein  conferred 
upon  boards  of  education  shall  be  exercised  by  them,  except 
at  a regular  or  special  meeting  of  the  board. 

677-  Titles  in  Trustees.]  §13.  All  conveyances  of  real 
•estate  shall  be  made  to  the  township  trustees  in  trust  for  the 
use  of  schools,  and  no  conveyance  of  any  real  estate  or  inter- 


Schools. 


323 


est  therein  used  for  school  purposes,  or  held  in  trust  for 
schools,  shall  be  made  except  by  the  board  of  trustees,  upon 
the  written  request  of  such  board  of  education. 

678-  Money  held  as  Special  Fund,  subject  to  Order  of 
Board.]  § 14.  All  money  raised  by  taxation  for  school  pur- 
poses, or  received  from  the  state  common  school  fund,  or  from 
any  other  source,  for  school  purposes,  shall  be  held  by  the 
township  treasurer  as  a special  fund  for  school  purposes,  sub- 
ject to  the  order  of  the  board  of  education,  upon  warrants 
signed  by  the  president  and  secretary  thereof. 

674-  Schools  under  Special  Charter  may  Adopt  this 
Provision.]  § 15.  Any  city,  incorporated  town,  township 
or  district  in  which  free  schools  are  now  managed  under 
any  special  act,  may,  by  vote  of  its  electors,  cease  to  control 
such  school  under  such  special  act,  and  become  a part  of  the 
school  township  in  which  it  is  situated,  and  subject  to  the  con- 
trol of  the  trustees  thereof,  under  and  according  to  the  pro- 
visions of  this  act. 

Upon  petition  of  fifty  voters  of  such  city,  town,  township  or 
district,  presented  to  the  board  having  the  control  and  man- 
agement of  schools  in  such  city,  town,  township  or  district,  it 
shall  be  the  duty  of  such  board,  at  the  next  ensuing  election 
to  be  held  in  such  city,  town,  township  or  district,  to  cause 
to  be  submitted  to  the  voters  thereof,  giving  not  less  than  fif- 
teen days’  notice  thereof,  by  posting  not  less  than  five  notices, 
in  the  most  public  places  in  such  city,  town,  township  or  dis- 
trict, the  question  of  “Organization  under  the  free  school  law;” 
which  notice  shall  be  in  the  following  form,  to-wit: 

Public  notice  is  hereby  given  that  on  the day  of A.  D an  election 

will  be  held  at between  the  hours  of M.  and M.  of  said  day,  for  the  pur- 

pose of  deciding  the  question  of  "organization  under  the  free  school  law.” 

680.  Organization  Hereunder — Election.]  § 16.  If  it 

shall  appear  on  a canvass  of  the  returns  of  such  election  that 
a majority  of  the  votes  cast  at  such  election  are  “For  organi- 
zation under  the  free  school  law,”  then  at  the  next  ensuing 


3H 


Statutes. 


regular  meeting  of  the  board  of  trustees  of  the  township  or 
townships  in  which  such  city,  incorporated  town,  township  or 
district  is  situated,  said  trustees  shall  proceed  to  redistrict  the 
township  or  townships,  as  aforesaid,  in  such  manner  as  shall 
suit  the  wishes  and  convenience  of  a majority  of  the  inhabi- 
tants in  their  respective  townships,  and  to  make  a division  of 
funds  and  other  property  in  the  manner  provided  for  by  sec- 
tion 63,  of  article  3,  of  this  act,  and  on  any  Saturday  there- 
after there  shall  be  elected  in  each  of  the  new  districts  so 
formed,  a director,  directors  or  board  of  education,  as  the  case 
may  be,  in  the  manner  provided  for  in  section  6 of  article  5 of 
this  act,  and  thereafter  such  districts  shall  proceed  as  other 
districts  under  this  act.  But  all  subsequent  elections  of  direc- 
tors or  boards  of  education  shall  be  conducted  as  provided  in 
sections  5 and  8 of  article  5 of  this  act. 

681.  Who  Eligible  to  Membership.]  § 18.  Any  per- 
son having  resided  in  any  such  city  more  than  five  years  next 
preceding  his  appointment,  shall  be  eligible  to  membership  of 
such  board  of  education. 

682.  Organization  of  Board.]  § 19.  The  said  board 
of  education  shall  appoint  a president  and  secretary,  the  pres- 
ident to  be  appointed  from  their  own  number,  and  shall  ap- 
point such  other  officers  and  employes  as  such  board  shall 
deem  necessary,  and  shall  prescribe  their  duties,  and  compen- 
sation and  term  of  office. 

683.  Books — Records — Yeas  and  Nays.]  § 20.  The 

said  board  shall  provide  well  bound  books,  at  the  expense  of 
the  school  tax  fund,  in  which  shall  be  kept  a faithful  record  of 
all  their  proceedings.  The  yeas  and  nays  shall  be  taken  and 
entered  on  the  records  of  the  proceedings  of  the  board  upon  all 
questions  involving  the  expenditure  of  money. 

684.  Power  of  Board — With  Consent  of  Council.]  § 

21.  The  said  board  of  education  shall  have  charge  and  con- 


Schools. 


325 


trol  of  the  public  schools  in  such  cities,  and  shall  have  power, 
with  the  concurrence  of  the  city  council. 

First — To  erect  or  purchase  buildings  suitable  for  school 
houses,  and  keep  the  same  in  repair. 

Second — To  buy  or  lease  sites  for  school  houses,  with  the 
necessary  grounds. 

Third — To  issue  bonds  for  the  purpose  of  building,  furn- 
ishing and  repairing  school  houses,  for  purchasing  sites  for 
the  same,  and  to  provide  for  the  payment  of  said  bonds;  to 
borrow  money  for  school  purposes  upon  the  credit  of  the  city. 

685.  Powers  of  Board.]  § 22.  The  said  board  of  educa- 
tion shall  have  power — 

First — To  furnish  schools  with  the  necessary  fixtures,  furn- 
iture and  apparatus. 

Second — To  maintain,  support  and  establish  schools,  and 
supply  the  inadequacy  of  the  school  funds  for  the  salaries  of 
school  teachers  from  school  taxes. 

Third — To  hire  buildings  or  rooms  for  the  use  of  the 
board. 

Fourth — To  hire  buildings  or  rooms  for  the  use  of  schools. 

Fifth — To  employ  teachers  and  fix  the  amount  of  their 
compensation. 

Sixth — To  prescribe  the  school  books  to  be  used,  and  the 
studies  in  the  different  schools. 

Seventh — To  lay  off  and  divide  the  city  into  school  dis- 
tricts, and  from  time  to  time  to  alter  the  same  and  create  new 
ones,  as  circumstances  may  require,  and  generally  to  have 
and  possess  all  the  rights,  powers  and  authority  required  for 
the  proper  management  of  schools,  with  power  to  enact  such 
ordinances  as  may  be  deemed  necessary  and  expedient  for 
such  purpose. 

Eighth — To  expel  any  pupil  who  may  be  guilty  of  gross 
disobedience  or  misconduct. 

Ninth — To  dismiss  and  remove  any  teacher  whenever,  in 


326 


Statutes. 


their  opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever, 
from  any  cause,  the  interests  of  the  school  may,  in  their 
opinion,  require  such  removal  or  dismission. 

Tenth — To  apportion  the  scholars  to  the  several  schools. 

Eleventh — To  lease  school  property,  and  to  loan  moneys  be- 
longing to  the  school  fund. 

686.  Duty  of  Board.]  § 23.  It  shall  be  the  duty  of 
such  board  of  education : 

First — To  take  the  entire  superintendence  and  control  of 
the  schools  in  such  cities. 

Second — To  examine  all  persons  offering  themselves  as 
candidates  for  teachers,  and,  when  found  well  qualified,  to 
give  them  certificates  gratuitously. 

Third — To  visit  all  the  public  schools  as  often  as  once  a 
month. 

Fourth — To  establish  all  such  by-laws,  rules  and  regula- 
tions for  the  government,  and  for  the  establishment  and  main- 
tenance of  a proper  and  uniform  system  of  discipline  in  the 
several  schools,  as  may,  in  their  opinion,  be  necessary. 

Fijth — To  determine,  from  time  to  time,  how  many  and 
what  class  of  teachers  may  be  employed  in  each  of  the  public 
schools,  and  employ  such  teachers  and  fix  their  compensation. 

Sixth — To  take  charge  of  the  school  houses,  furniture, 
grounds,  and  other  property  belonging  to  the  school  districts, 
and  see  that  the  same  are  kept  in  good  condition,  and  not  suf- 
fered to  be  unnecessarily  injured  or  deteriorated. 

Seventh — To  provide  fuel,  and  such  other  necessaries  for 
the  schools  as,  in  their  opinion,  may  be  required  in  the  school 
houses,  or  other  property  belonging  to  the  said  districts. 

Eighth — To  inquire  into  the  progress  of  scholars  and  the 
government  of  the  schools. 

Ninth — To  prescribe  the  method  and  course  of  discipline 


Schools. 


327 


and  instruction  in  the  respective  schools,  and  to  see  that  they 
are  maintained  and  pursued  in  the  proper  manner. 

Tenth — To  prescribe  what  studies  shall  be  taught,  and 
what  books  and  apparatus  shall  be  used. 

Eleventh — To  report  to  the  city  council,  from  time  to  time, 
any  suggestions  they  may  deem  expedient  or  requisite  in  rela- 
tion to  the  schools  and  the  school  fund,  or  the  management 
thereof,  and  generally  to  recommend  the  establishment  of  new 
schools  and  districts. 

Iwelfth — To  prepare  and  publish  an  annual  report,  which 
shall  include  the  receipts  and  expenditures  of  each  school, 
specifying  the  source  of  such  receipts  and  the  object  of  such 
expenditures. 

Thirteenth — To  communicate  to  the  city  council,  from  time 
to  time,  such  information  within  their  possession  as  may  be 
required. 

687.  Powers  Exercised  only  at  Regular  or  Special 
Meetings.]  § 24.  None  of  the  powers  herein  conferred 
upon  the  board  of  education  of  such  cities  shall  be  exercised 
by  them  except  at  a regular  meeting  of  such  board. 

688.  Title  in  Realty  Vests  in  Council  in  Trust.]  § 25. 
All  conveyances  of  real  estate  shall  be  made  to  the  city  in 
trust,  tor  the  use  of  schools,  and  no  sale  of  real  estate  or  inter- 
est thereon,  used  for  school  purposes,  or  held  in  trust  for 
schools,  shall  be  made  except  by  the  city  council,  upon  the 
written  request  of  such  board  of  education. 

639.  Money  a Special  Fund,  subject  to  Order  of  Board.] 
§ 26.  All  moneys  raised  by  taxation  for  school  purposes,  or 
received  from  the  state  common  school  fund,  or  from  any 
other  source,  for  school  purposes,  shall  be  held  by  the  city 
treasurer  as  a special  fund  for  school  purposes,  subject  to  the 
order  of  the  board  of  education,  upon  warrants  to  be  counter- 
signed by  the  mayor  and  city  clerk. 

699.  Expenditures  Confined  to  Specified  Receipts  and 
Appropriations.]  § 27.  Said  board  of  education  shall  not 


328 


Statutes. 


add  to  the  expenditures  for  school  purposes  anything  over  and 
above  the  amount  that  shall  be  received  from  the  state  com- 
mon school  fund,  the  rental  of  school  lands  or  property,  and 
the  amount  annually  appropriated  for  such  purposes.  If  said 
board  shall  so  add  to  such  expenditure  the  city  shall  not,  in 
any  case,  be  liable  therefor.  And  nothing  herein  contained 
shall  be  construed  so  as  to  authorize  any  such  board  of  edu- 
cation to  levy  or  collect  any  tax  upon  the  demand,  or  under 
the  direction  of  such  board  of  education. 

691.  Board  Exclusively  Governs  Schools.]  § 28.  All 

schools  in  such  cities  shall  be  governed  as  hereinbefore  stated, 
and  no  power  given  to  the  board  of  education  shall  be  exer- 
cised by  the  city  council  of  such  city. 

ARTICLE  XV. 

LIABILITY  OF  SCHOOL  OFFICERS. 

692.  School  Officer  Converting  Funds — Penalty.]  § 

6.  If  any  county  superintendent,  trustee  of  schools,  township 
treasurer,  director  or  any  other  person  entrusted  with  the 
care,  control,  management  or  disposition  of  any  school,  college, 
seminary  or  township  fund  for  the  use  of  any  county,  town- 
ship, district  or  school,  shall  convert  such  fund  or  any  part 
thereof  to  his  own  use,  he  shall  be  liable  to  indictment,  and 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not 
less  than  double  the  amount  of  money  converted  to  his 
own  use,  and  imprisoned  in  the  county  jail  not  less  than  one 
nor  more  than  twelve  months,  at  the  discretion  of  the  court. 

693.  No  Appropriation  for  Sectarian  Institution  or 

Purpose.]  § 12.  No  county,  city,  town,  township,  school 
district  or  other  public  corporation  shall  ever  make  any  ap- 
propriation, or  pay  from  any  school  fund  whatever,  anything 
in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support 
or  sustain  any  school,  academy,  seminary,  college,  university 
or  other  literary  or  scientific  institution  controlled  by  any 


Schools. 


329 


church  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  money,  or  other  personal  property,  ever 
be  made  by  any  such  corporation  to  any  church  or  for  any 
sectarian  purpose;  and  any  officer  or  other  person  having  un- 
der his  charge  or  direction  school  funds  or  property,  who  shall 
pervert  the  same  in  the  mander  forbidden  in  this  section,  shall 
be  liable  to  indictment,  and  upon  conviction  thereof,  shall  be 
fined  in  a sum  not  less  than  double  the  value  of  the  property 
so  perverted,  and  imprisoned  in  the  county  jail  not  less  than 
one  (1)  nor  more  than  twelve  (12)  months,  at  the  discretion 
of  the  court. 

694.  Not  to  be  Interested  in  Sale  of  Books,  Etc. — 
Penalty.]  § 13.  No  teacher,  state,  county,  township  or 
district  school  officer  shall  be  interested  in  the  sale,  proceeds 
or  profits  of  any  book,  apparatus  or  furniture  used,  or  to  be 
used,  in  any  school  in  this  state,  with  which  such  officer  or 
teacher  may  be  connected;  and  for  offending  against  the  pro- 
visions of  this  section  such  teacher,  state,  county,  township  or 
district  school  officer  shall  be  liable  to  indictment,  and  upon 
conviction  shall  be  fined  in  a sum  not  less  than  twenty-five 
($25)  dollars,  nor  more  than  five  hundred  ($500)  dollars, 
and  may  be  imprisoned  in  the  county  jail  not  less  than  one  (1) 
month,  nor  more  than  twelve  (12)  months,  at  the  discretion  of 
the  court. 

695.  No  Exclusion  for  Color.]  § 14.  Any  school 
officer  or  officers,  or  any  other  person,  who  shall  exclude  or 
aid  in  the  exclusion  from  the  public  schools  of  any  child  who 
is  entitled  to  the  benefits  of  such  school,  on  account  of  such 
child’s  color,  shall  be  fined,  upon  conviction,  in  any  sum  not 
less  than  five  ($5)  dollars,  nor  more  than  one  hundred  ($100) 
dollars  each,  for  every  such  offense. 

ARTICLE  XVI. 

MISCELLANEOUS. 

696.  Statute,  how  to  be  Construed.]  § 7.  This  act 


330 


Statutes. 


shall  not  be  construed  as  to  repeal  or  change,  in  any  respect, 
any  special  acts  in  relation  to  schools  in  cities  having  less  than 
one  hundred  thousand  inhabitants,  or  incorporated  towns, 
townships  or  districts,  except  that  it  shall  be  the  duty  of  the 
several  boards  of  education,  or  other  officers  of  any  city  or 
incorporated  town,  township  or  district,  having  in  charge 
schools  under  the  provisions  of  any  of  said  special  acts,  or  of 
any  ordinance  of  any  city  or  incorporated  town,  on  or  before 
the  fifteenth  day  of  July  preceding  each  regular  session  of  the 
general  assembly  of  this  State,  or  annually,  if  required  so  to 
do  by  the  State  Superintendent  of  Public  Instruction,  to  make 
out  and  render  a statement  of  all  such  statistics  and  other  in- 
formation in  regard  to  schools  and  the  enumeration  of  persons, 
as  is  required  to  be  communicated  by  township  boards  of 
trustees  or  directors,  under  the  provisions  of  this  act,  or  so 
much  thereof  as  may  be  applicable  to  said  city  or  incorporated 
town,  to  the  county  superintendent  of  the  county  where  such 
city  or  incorporated  town  is  situated,  or  of  the  county  in 
which  the  larger  part  of  such  city  or  incorporated  town  is 
situated;  nor  shall  it  be  lawful  for  the  county  superintendent, 
or  any  other  officer  or  person,  to  pay  over  any  portion  of  the 
common  school  fund  to  any  local  treasurer,  school  agent,  clerk, 
board  of  education,  or  other  officer  or  person,  of  any  town- 
ship, city  or  incorporated  town,  unless  a report  of  the  number 
of  persons,  and  other  statistics  relative  to  schools,  and  a state- 
ment of  such  other  information  as  is  required  by  the  board  of 
trustees  or  directors,  as  aforesaid,  and  of  other  school  officers 
and  teachers,  under  the  provisions  of  this  acts,  shall  have  been 
filed  at  the  time  or  times  aforesaid,  specified  in  this  section, 
with  the  superintendent  of  the  proper  county,  as  aforesaid. 

697.  Judgment  Enforced  Against  Trustees  and  Di- 
rectors.] § 9.  If  judgment  shall  be  obtained  against  any 
township  board  of  trustees  or  school  directors,  the  party  en- 
titled to  the  benefit  of  such  judgment  may  have  execution 
therefor,  as  follows,  to-wit:  It  shall  be  lawful  for  the  court 


Schools. 


33i 


in  which  such  judgment  shall.be  obtained,  or  to  which  such 
judgment  may  be  removed  by  transcript  or  appeal  from  a 
justice  of  the  peace,  or  other  court,  to  issue  thence  a writ, 
commanding  the  directors,  trustees  and  treasurer  of  such 
township,  to  cause  the  amount  thereof,  with  interest  and  costs, 
to  be  paid  to  the  party  entitled  to  the  benefit  of  such  judg- 
ment, out  of  any  moneys  unappropriated  of  said  township  or 
district,  or  if  there  be  no  such  moneys,  out  of  the  first  moneys 
applicable  to  the  payment  of  the  kind  of  services  or  indebted- 
ness for  which  such  judgment  shall  be  obtained,  which  shall 
be  received  for  the  use  of  such  township  or  district,  and  to 
enforce  obedience  to  such  writ  by  attachment,  or  by  manda- 
mus, requiring  such  board  to  levy  a tax  for  the  payment  of 
such  judgment;  and  all  legal  processes,  as  well  as  writs  to 
enforce  payment,  shall  be  served  either  on  the  president  or 
clerk  of  the  board. 

698.  No  Compensation — Exempt  From  Road  Labor 
and  Military  Service.]  § 10.  Trustees  of  schools,  school 
directors,  members  of  boards  of  education,  or  other  school 
officers  performing  like  duties,  shall  receive  no  pecuniary 
compensation,  but  they  shall  be  exempt  from  road  labor  and 
from  military  duty  during  their  term  of  office. 

699.  Term  of  Present  Officers.]  § 11.  All  school 
officers  elected  in  pursuance  of  any  general  law  now  in  force 
shall  hold  their  respective  offices  until  their  successors  are 
elected  and  qualified  under  the  provisions  of  this  act. 

SCHOOL  DIRECTORS. 

AN  ACT  to  provide  for  the  appointment  of  School  Directors  and  mem- 
bers of  the  Board  of  Education  in  certain  cases.  Approved  May 
29,  1879.  In  force  July  1, 1879.  As  amended  by  act  approved  May 
31,1881.  In  force  July  1,  1881. 

700.  School  Directors.]  §1.  That  in  all  cases  whereby 
the  provisions  of  any  general  or  special  law  of  this  state  here- 
tofore passed,  the  members  of  the  common  council  of  any  city 


332 


Statutes. 


have  been  made  ex-officio  school  directors,  or  members  of  the 
board  of  education  in  and  for  the  school  district  of  which  the 
said  city  shall  constitute  the  whole  or  a part,  the  said  school 
directors  or  members  of  the  board  of  education  shall  hereafter 
be  appointed  as  hereinafter  provided. 

701.  School  Directors — How  Appointed. J § 2.  It 

shall  be  the  duty  of  the  mayor  of  such  city,  at  the  first  regular 
meeting  of  the  city  council,  in  the  month  of  June,  1881,  to  nom- 
inate and  place  before  the  council  for  confirmation,  as  school 
directors  or  members  of  the  board  of  education,  as  the  case 
may  be,  two  (2)  persons  from  each  ward  of  said  city,  one  (1) 
from  each  ward  to  serve  for  two  (2)  years,  and  one  (1)  for 
one  (1)  year,  and  annually  thereafter  he  shall  nominate  one 
(1)  from  each  ward  to  serve  for  two  (2)  years,  and  if  the 
person  so  appointed  shall  be  confirmed  by  a majority  vote  of 
the  city  council,  to  be  entered  of  record,  the  persons  so  ap- 
pointed shall  constitute  the  board  of  education  or  school  direc- 
tors for  such  school  district.  Should  the  council  fail  to  con- 
firm any  person  or  persons  nominated  by  the  mayor  at  such 
meeting,  he  may,  at  the  next  or  any  subsequent  meeting,  non> 
inate  other  persons  for  confirmation,  as  hereinbefore  provided; 
and  should  a vacancy  or  vacancies  occur  in  any  board  of  edu- 
cation or  school  directors,  the  mayor  may,  at  any  regular  meet- 
ing of  the  city  council,  fill  such  vacancy  or  vacancies  in  the 
manner  above  set  forth.  [As  amended  by  act  approved  and 
in  force  May  30,  1881. 

702.  Organization  of  Board — Powers — Duties.]  § 3. 

The  said  persons  shall  as  soon  as  practicable  after  their  ap- 
pointment, organize  by  electing  one  of  their  number  president, 
and  another  secretary,  who  shall  hold  their  respective  offices 
for  one  year.  All  rights,  powers  and  duties  heretofore  exer- 
cised by  and  devolved  upon  the  members  of  the  city  council 
as  ex-officio  members  of  the  board  of  education  or  school 
directors,  shall  devolve  upon  and  be  exercised  by  the  mem- 


Schools. 


333 


bers  of  the  board  of  education  and  school  directors,  appointed 
under  the  provisions  of  this  act. 

703.  Certificate  of  Tax — Limitation.]  § 4.  In  all 

school  districts  to  which  this  act  shall  apply,  the  boards  of 
education  or  school  directors  shall  annnally,  before  the  first 
day  of  August,  certify  to  the  city  council  under  the  hands  and 
seals  of  the  president,  and  secretary,  of  the  board,  the  amount 
of  money  required  to  be  raised  by  taxation  for  school  purposes 
in  said  district  for  the  ensuing  year,  and  the  said  city  council 
shall  thereupon  cause  the  said  amount  to  be  levied  and  col- 
lected in  the  same  manner  now  provided  by  law  for  the  levy 
and  collection  of  taxes  for  school  purposes  in  such  district, 
but  the  amount  to  be  so  levied  and  collected  shall  not 
exceed  the  amount  now  allowed  to  be  collected  for 
school  purposes  by  the  general  school  laws  of  this  state;  and 
when  such  taxes  have  been  collected  and  paid  over  to  the 
treasurer  of  such  city  or  school  district,  as  may  be  provided 
by  the  terms  of  the  act  under  which  such  district  has  been 
organized,  such  funds  shall  be  paid  out  only  on  the  order  of 
the  board  of  education  or  school  directors,  signed  by  the  pres- 
dent  and  secretary  of  such  board. 

AN  ACT  enabling  school  districts,  acting  under  special  charters,  to  hold 
elections  for  the  election  of  school  directors  and  members  of 
boards  of  education,  at  the  time  provided  for  the  election  of 
school  directors  under  the  school  laws  of  this  state.  [Approved 
June  29,  1885.  In  force  July  1,  1885. 

704.  Election  for  School  Directors,  Etc.]  § 1.  That 
in  all  cases  where  the  time  for  the  election  of  members  of 
boards  of  directors  and  boards  of  education  is  fixed  by  virtue 
of  any  special  charter,  such  election  may  held  at  the  time  now 
provided,  or  which  may  hereafter  be  provided  for  the  election 
of  school  directors  under  the  school  laws  of  this  state,  and  that 
such  election  may  be  held  at  such  place  in  the  school  district 
as  may  be  designated  by  the  board  of  directors  or  board  of 
education  of  such  school  district,  and  such  boards  of  directors 


334 


Statutes. 


or  boards  of  education,  when  elected,  shall  meet  and  organize 
at  the  time  and  in  the  manner  now  provided,  or  which  may 
hereafter  be  provided  under  the  school  laws  of  this  state.  [As 
amended  by  act  approved  and  in  force  March  25,  1887. 

COMPULSORY  EDUCATION. 

AN  ACT  concerning  the  education  of  children.  Approved  May  24, 
1889.  In  force  July  1, 1889. 

705.  Compulsory  Attendance — Penalty.]  § 1.  That 
every  person  having  under  his  control  a child  between  the 
ages  of  seven  and  fourteen  years  shall  annually  cause  such 
child  to  attend  for  at  least  sixteen  weeks,  at  least  eight  weeks  of 
which  attendance  shall  be  consecutive,  some  public  day  school 
in  the  city,  town  or  district  in  which  he  resides,  which  time  shall 
commence  with  the  beginning  of  the  first  term  of  the  school 
year,  or  as  soon  thereafter  as  due  notice  shall  be  served  upon 
the  person  having  such  control,  of  his  duty  under  this  act. 
For  ever)  neglect  of  such  duty  the  person  offending  shall  for- 
feit to  the  use  of  the  public  schools  of  such  city  or  district,  a 
sum  not  less  than  one  nor  more  than  twenty  dollars,  and  shall 
stand  committed  until  such  fine  and  costs  of  suit  are  paid.  But 
if  the  person  so  neglecting,  shall  show  to  the  satisfaction  of 
the  board  of  education  or  of  directors,  that  such  child  has 
attended  for  a like  period  of  time,  a private  day  school 
approved  by  the  board  of  education  or  directors  of  the  city, 
town  or  district  in  which  such  child  resides;  or  that  instruc- 
tion has  otherwise  been  given  for  a like  period  of  time  to  such 
child,  in  the  branches  commonly  taught  in  the  public  school; 
or  that  such  child  has  already  acquired  the  branches  of  learn- 
ing taught  in  the  public  schools;  or  that  his  physicial  or  men- 
tal condition,  as  declared  by  a competent  physician,  is  such  as 
to  render  such  attendance  inexpedient  and  impracticable,  then 
such  penalty  shall  not  be  incurred.  Such  fine  shall  be  paid, 
when  collected,  to  the  school  treasurer  of  such  city  or  town- 


Schools. 


335 


ship,  to  be  accounted  for  by  him  as  other  school  money  raised 
for  school  purposes.  But  no  school  shall  be  regarded  as  a 
school  under  this  act  unless  there  shall  be  taught  therein  in 
the  English  language  reading,  writing,  arithmetic,  history  of 
the  United  States  and  geography. 

706.  Truant  Officers — Duties — Compensation.]  § 2. 

It  shall  be  the  duty  of  the  board  of  education  in  every  city, 
and  the  board  of  school  directors  in  every  school  district,  to 
appoint  one  or  more  truant  officers,  whose  duty  it  shall  be  care- 
fully to  enquire  concerning  all  supposed  violations  of  this  act, 
and  to  enter  complaint  against  all  persons  who  shall  appear  to 
be  guilty  of  such  violation.  It  shall  also  be  the  duty  of  said 
officer  to  arrest  children  of  a school-going  age  who  habitually 
haunt  public  places,  and  have  no  lawful  occupation  and  also 
truant  children  who  absent  themselves  from  school  without 
leave,  and  to  place  them  in  charge  of  the  teacher  having 
chaige  of  the  public  school  which  the  said  children  are  by  law 
entitled  to  attend.  And  it  shall  be  the  duty  of  said  teacher  to 
assign  said  children  to  the  proper  classes,  and  to  instruct  them 
in  such  studies  as  they  are  fitted  to  pursue.  Said  truant  offi- 
cers shall  have  such  compensation  for  services  rendered  under 
this  act  as  shall  be  determined  by  the  board  of  education  or 
the  board  of  directors  appointing  such  officer,  which  compen- 
sation shall  be  paid  from  the  distributable  school  fund. 

707.  Evasion  of  Act — Penalty.  ] § 3.  Any  person  hav- 

ing control  of  a child,  who  with  intent  to  evade  the  provisions 
of  this  act,  shall  make  a willful  false  statement  concerning  the 
age  of  such  child,  or  the  time  such  child  has  attended  school, 
shall,  for  such  offense  forfeit  a sum  of  not  less  than  three  dol- 
lars nor  more  than  twenty  dollars  for  the  use  of  the  public 
schools  of  such  city  or  district. 

708.  Prosecutions.]  § 4.  Prosecutions  under  this  act 
shall  be  instituted  and  carried  on  by  the  authorities  of  such 
boards,  and  be  brought  in  the  name  of  the  people  of  the  State 


336 


Statutes. 


of  Illinois  for  the  use  of  the  school  fund  of  said  city  or  town- 
ship. 

709.  Jurisdiction  of  the  Offenses.]  § 5.  Police,  mun- 
icipal courts,  justices  of  the  peace,  and  judges  of  the  county 
court  shall  have  jurisdiction  within  their  respective  counties  of 
the  offenses  described  in  this  act. 

710.  Repeal.]  § 6.  “An  act  to  secure  to  all  children  the 
benefit  of  an  elementary  education,”  approved  June  23,  1883, 
in  force  July  1,  1883,  is  hereby  repealed. 

AN  ACT  to  authorize  cities  and  villages  to  convey  real  estate  held  by 
them  for  school  or  academy  purposes  to  the  proper  school  officers. 
[Approved  June  27, 1885.  In  force  July  1,  1885. 

711.  How  City  May  Convey  Realty  Held  For  School 
Purposes.]  § 1.  That  any  city  or  village,  incorporated 
under  any  general  or  special  law  of  this  State,  which  shall 
hold  any  real  or  personal  estate  which  shall  have  been  con- 
veyed to  such  city  or  village,  by  virtue  of  any  general  or 
special  law  of  this  State,  or  otherwise,  for  school  or  academy 
purposes,  is  hereby  authorized  and  empowered,  by  ordinance 
or  resolution  of  the  city  council  of  any  such  city,  and  of  the 
president  and  board  of  trustees  of  any  such  village,  to  cause 
such  real  or  personal  estate  to  be  conveyed  and  transferred  to 
the  proper  school  officers,  authorized  to  hold  the  same,  for  the 
use  of  the  district  in  which  such  real  or  personal  estate  shall 
be  situated,  by  proper  deed  or  deeds  of  conveyance,  executed 
by  the  proper  officers  of  such  city  or  village,  under  the  com- 
mon seal  thereof. 

712.  When  Real  Estate  Ceases  to  be  Used  for  School 
Purposes.]  § 2.  That  if  any  real  estate  conveyed  by  virtue 
of  this  act,  shall,  at  any  time,  cease  to  be  used  for  school  pur- 
poses for  a period  of  three  years,  then  it  shall  be  the  duty  of 
the  school  officers,  holding  the  title  to  such  real  estate,  to  con- 
vey the  same  back  to  said  city  or  village  to  be  by  it  there- 


Schools. 


337 


afterwards  held,  enjoyed  and  disposed  of  as  other  corporate 
property,  which  condition  shall  be  inserted  in  any  deed  made 
by  any  such  city  or  village  by  virtue  of  this  act.  Said  con- 
veyance, in  case  of  the  non-use  of  such  real  estate  for  the 
period  aforesaid,  may  be  compelled  and  enforced  by  any  tax- 
payer of  said  city  or  village  by  proper  proceedings  to  be  in- 
stituted by  him  for  that  purpose. 

713.  Trustees  Under  Special  Charter — Rights  of.]  § 

3.  That  in  all  cases  where  any  such  real  or  personal  estate 
shall  have  been  under  the  control  of  any  trustees,  appointed 
or  elected  by  virtue  of  any  general  or  special  law  of  this 
State,  that  whenever  such  estate  shall  be  conveyed  as  afore- 
said, that  the  duties  of  such  trustees,  in  relation  thereto  shall 
cease  and  determine,  and  it  shall  be  their  duty  to  immediately 
settle  and  adjust  all  matters  relating  to  such  trust  or  estate 
and  make  report  to  the  proper  authority  of  their  acts  and  do- 
ings, upon  the  approval  of  which  said  trustees  will  be  released 
and  discharged  from  the  further  performance  of  duty  in  that 
behalf.  All  moneys  which  may  remain  in  the  treasury  of 
such  city  or  village,  to  the  credit  of  any  fund  connected  with 
the  use  of  such  real  or  personal  estate,  while  so  held  by  such 
city  or  village,  shall  be  used  by  such  city  or  village  for  any 
lawful  corporate  purpose. 

714.  Repeal.]  § 4.  That  all  acts  or  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed. 

AN  ACT  to  permit  towns,  cities  and  villages  incorporated  by  special 
charter  to  convey  real  estate  for  school  purposes.  [Approved  May 
21, 1887.  In  force  July  1, 1887.] 

715.  How  City  May  Convey  Realty  for  School  Pur- 
poses.] § 1.  That  any  town,  city  or  village  incorporated 
by  a special  charter  granted  by  the  General  Assembly  of  the 
State  of  Illinois,  holding  title  to  or  having  an  interest  in  any 
real  estate,  may,  by  proper  deed  of  conveyance,  executed  by 
the  corporate  authorities  of  said  town,  city  or  village,  when 

22 


338 


Statutes. 


authorized  by  ordinance,  sell  and  convey  the  same  to  the 
trustees  of  schools  of  the  township  in  which  such  real  estate 
is  situated,  to  be  used  as  a school  site  for  the  school  district  in 
which  such  real  estate  is  situated. 


33.  STREETS. 


Section. 

716.  Sidewalks  by  Taxation. 

717.  What  Ordinance  May  Provide. 

718.  In  Case  Owner  Neglects  to  Construct. 

719.  Special  Tax— Duty  of  Clerk  to  Report. 

720.  General  Officer  to  Obtain  J udgment — By 

What  Laws  Governed. 

721.  When  Constructed  by  Owner  May  Ob- 

tain Order. 

722.  Three-fourths  Vote  Required  to  Vacate 

— Damages. 

723.  Right  of  Adjoining  Owners 

724.  U.  S.  May  Purchase  or  Condemn  Land. 

725.  Jurisdiction — Exempt  from  Taxes. 

726.  Emergency. 

727.  Street  or  Alley  Closed. 


Section. 

728.  Pleasure  Driveways — How  Established 

729.  May  be  Laid  Out  Under  Article  9. 

730.  Power  of  Corporate  Authorities  to  Reg- 

ulate, Etc. 

731.  Drives  to  Public  Parks. 

732.  Taxes— Special  Assessments,  Etc. 

733.  Control  by  Park  Commissioners. 

734.  Reversion  to  Corporate  Authorities — 

When. 

735.  City  May  Grant  Control  to  Park-  Com- 

missioners. 

736.  Use  by  Elevated  Railroad. 

737.  When  Street  More  Than  One  Mile. 

738.  Repeal. 


SIDEWALKS. 

AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks 
in  cities,  towns  and  villages.  [Approved  April  5,  1875.  In  force 
July  1, 1875. 

716.  Sidewalks  by  Taxation.]  § i.  That  in  addition 
to  the  mode  now  authorized  by  law,  any  city  or  incorporated 
town  or  village  may,  by  ordinance,  provide  for  the  construc- 
tion of  sidewalks  therein,  or  along  or  upon  any  street  or  part 
of  street  therein,  and  may,  by  such  ordinance,  provide  for  the 
payment  of  the  whole  or  any  part  of  the  cost  thereof  by  spec- 
ial taxation  of  the  lot,  lots  or  parcels  of  land  touching  upon  the 
line  where  any  such  sidewalk  shall  be  ordered,  and  such 
special  taxation  may  be  either  by  a levy*  upon  any  lot  of  the 
whole,  or  any  part  of  the  cost  of  making  any  such  sidewalk 
in  front  of  such  lot  or  parcel  of  land,  or  by  levying  the  whole 
or  any  part  of  the  cost  upon  each  of  the  lots  or  parcels  of  land 
touching  upon  the  line  of  such  sidewalk,  pro  rata  upon  each 


Streets. 


339 


of  said  lots  or  parcels,  according  to  their  respective  values — 
the  values  to  be  determined  by  the  last  preceding  assessment 
thereof  for  the  purpose  of  state  and  county  taxation;  or  the 
whole  or  any  part  of  the  cost  thereof  may  be  levied  upon  such 
lots  or  parcels  of  land  in  proportion  to  their  frontage  upon 
such  sidewalks,  or  in  proportion  to  their  superficial  area,  as 
may  be  provided  by  ordinance  ordering  the  laying  down  of 
such  sidewalk;  and  in  case  such  ordinance  shall  only  require 
the  payment  of  a part  of  the  cost  of  such  sidewalk  to  be  paid 
bv  a special  tax  as  aforesaid,  then  the  residue  of  such  cost 
shall  be  paid  out  of  any  fund  of  such  city,  town,  or  village, 
raised  by  general  taxation  upon  the  property  thereof,  and  not 
otherwise  appropriated. 

717-  What  Ordinance  May  Provide.]  § 2.  Said  or- 
dinance shall  define  the  location  of  such  proposed  sidewalk 
with  reasonable  certainty,  shall  prescribe  its  width,  the  mater- 
ials of  which  it  shall  be  constructed,  and  the  manner  of  its  con- 
struction, and  may  provide  that  the  materials  and  construction 
shall  be  under  the  supervision  of,  and  subject  to,  the  approval 
of  some  officer  or  board  of  officers  of  such  city,  town  or  vil- 
lage, to  be  designated  in  said  ordinance.  Said  ordinance  shall 
be  published  as  required  by  law  for  other  ordinances  of  said 
city,  town  or  village,  and  may  require  all  owners  of  lots  or 
parcels  of  land  touching  the  line  of  said  proposed  sidewalk  to 
construct  a sidewalk  in  front  of  their  respective  lots  or  parcels 
in  accordance  with  the  specifications  of  said  ordinance,  within 
thirty  days  after  such  publication,  and  in  default  thereof,  said 
materials  to  be  furnished  and  sidewalk  constructed’  by  said 
city,  town  or  village,  and  the  cost,  or  such  part  thereof  as  may 
be  fixed  in  said  ordinance,  may  be  collected  from  the  respec- 
tive owners  of  said  lots  or  parcels  of  land  as  hereinafter  pro- 
vided. 

781.  In  Case  Owner  Neglects  to  Construct.]  § 3.  In 

case  of  the  default  of  any  lot  owner  or  owners  to  construct  the 


34° 


Statutes. 


sidewalks,  as  required  by  ordinance,  and  the  same  shall  be 
constructed  by  the  city,  town  or  village,  the  cost  thereof,  or 
such  part  of  the  cost  thereof  as  may  have  been  fixed  by  said 
ordinance,  may  be  recovered  of  the  owners  so  in  default  by 
an  action  of  debt  in  the  name  of  the  city,  town,  or  village, 
against  such  owners  respectively,  in  any  court  of  competent 
jurisdiction,  or  upon  the  completion  of  the  work  by  such  city, 
town,  or  village.  Such  ordinance  may  provide  that  a bill  of 
the  cost  of  such  sidewalk,  showing  in  separate  items  the  cost 
of  grading,  materials,  laying  down,  and  supervision,  shall  be 
filed  in  the  office  of  the  clerk  of  said  city,  town  or  village,  cer- 
tified to  by  the  officer  or  board  designated  by  said  ordinance 
to  take  charge  of  the  construction  of  said  sidewalk,  together 
with  a list  of  the  lots  or  parcels  of  land  touching  upon  the  line 
of  said  sidewalk,  the  names  of  the  owners  thereof,  and  the 
frontage,  superficial  area,  or  assessed  value  as  aforesaid,  ac- 
cording as  said  ordinance  may  provide  for  the  levy  of  said 
cost  by  frontage,  superficial  area,  or  assessed  value;  where- 
upon said  clerk  shall  proceed  to  prepare  a special  tax  list 
against  said  lots  or  parcels,  and  the  owners  thereof,  ascertain- 
ing  by  computation  the  amount  of  special  tax  to  be  charged 
against  each  of  said  lots  or  parcels  and  the  owners  thereof,  on 
account  of  the  construction  of  said  sidewalk,  according  to  the 
rule  fixed  for  the  levy  of  such  special  tax  by  said  ordinance, 
which  special  tax  list  shall  be  filed  in  the  office  of  said  clerk; 
and  said  clerk  shall  thereupon  issue  warrants  directed  to  such 
officer  as  may  be  designated  in  such  ordinance,  for  the  collec- 
tion of  the  amount  of  special  tax  so  ascertained  and  appearing 
from  said  special  tax  list  to  be  due  from  the  respective  owners 
of  the  lots  or  parcels  of  land  touching  upon  the  line  of  said 
sidewalk;  and  such  officer  shall  proceed  to  collect  such  war- 
rants in  the  same  manner  as  constables  are  authorized  to  col- 
lect executions,  and  make  return  thereof,  together  with  the 
moneys  collected,  to  the  clerk  of  such  city,  town,  or  village, 
within  sixty  days  from  the  date  of  their  issue;  and  in  case  any 


Streets. 


341 


such  warrant  shall  be  returned,  as  to  the  whole  or  any  part 
thereof,  “no  property  found,”  other  warrants  may  issue,  and 
proceedings  by  garnishment  may  be  resorted  to,  as  in  cases  of 
garnishment  in  aid  of  the  collection  of  judgments  at  law,  and 
all  moneys  so  collected  and  paid  over  to  said  clerk  shall  be,  by 
him,  immediately  paid  over  to  the  treasurer  of  said  city,  town 
or  village. 

719-  Special  Tax — Duty  of  Clerk — Report.]  § 4.  Up- 
on failure  to  collect  such  special  tax  as  heretofore  provided  in 
this  act,  it  shall  be  the  duty  of  said  clerk,  within  such  time  as 
such  ordinance  may  provide,  to  make  report  of  all  such  special 
tax,  in  writing,  to  such  general  officer  of  the  county  as  may 
be  authorized  by  law  to  apply  for  judgment  against,  and  sell 
lands  for  taxes  due  county  or  state,  of  all  the  lots  or  parcels  of 
land  upon  which  such  special  tax  shall  be  so  unpaid,  with  the 
names  of  the  respective  owners  thereof,  so  far  as  the  same  are 
known  to  said  clerk,  and  the  amount  due  and  unpaid  upon 
each  tract,  together  with  a copy  of  the  ordinance  ordering  the 
construction  of  said  sidewalk,  which  report  shall  be  accom- 
panied by  the  oath  of  the  clerk  that  the  list  is  a correct  return 
of  the  lots  and  parcels  of  land  on  which  the  special  tax  levied 
by  authority  of  said  city,  town  or  village,  for  the  cost  or  par- 
tial cost  (as  the  case  may  be)  of  the  sidewalk  in  said  ordinance 
specified,  remains  due  and  unpaid,  and  that  the  amounts 
therein  stated  as  due  and  unpaid  have  not  been  collected,  nor 
any  part  thereof.  Said  reports,  when  so  made,  shall  be  prima 
facie  evidence  that  all  the  forms  and  requirements  of  the  law 
in  relation  to  making  such  return  have  been  complied  with, 
and  that  the  special  tax,  as  mentioned  in  said  report,  is  due 
and  unpaid. 

720.  General  Officer  to  Obtain  Judgment — By  What 
Laws  Governed.]  § 5.  When  said  general  officer  shall  re- 
ceive the  aforesaid  report,  he  shall  at  once  proceed  to  obtain 
judgment  against  said  lots  or  parcels  of  land  for  said  special 


342 


Statutes. 


tax  remaining  due  and  unpaid,  in  the  same  manner  as  may  be 
provided  by  law  for  obtaining  judgment  against  lands  for 
taxes  due  and  unpaid  to  the  county  and  state,  and  shall  in  the 
same  manner  proceed  to  sell  the  same  for  the  said  special  tax 
due  and  unpaid.  In  obtaining  said  judgment  and  making  said 
sale,  the  said  officer  shall  be  governed  by  the  general  revenue 
laws  of  the  state,  except  when  otherwise  provided  herein,  and 
said  general  laws  shall  also  be  applicable  to  the  execution  of 
certificates  of  sale,  and  deeds  thereon,  and  the  force  and  effect 
of  such  sales  and  deeds;  and  all  other  laws  in  relation  to  the 
enforcement  and  collection  of  taxes,  and  redemption  from  tax 
sales,  shall  be  applicable  to  proceedings  to  collect  such  special 
tax,  except  as  herein  otherwise  provided. 

721.  When  Constructed  by  Owner  May  Obtain  Order.] 

§ 6.  Whenever  payment  of  the  costs  of  any  such  sidewalk  is 
required  to  be  made  in  part  by  special  tax,  and  in  part  out  of 
any  general  fund  of  such  city,  town,  or  village,  and  the  owner 
of  any  such  lot  or  parcel  of  land  shall  construct  such  sidewalk 
in  accordance  with  the  ordinance  providing  for  its  construction, 
such  owner  shall  file  with  the  clerk  of  such  city,  town,  or  vil- 
lage, an  itemized  statement  of  the  cost  of  such  sidewalk  so 
constructed,  by  him  verified  by  affidavit,  together  with  a cer- 
tificate of  the  officer  or  board  directed  by  such  ordinance  to 
superintend  the  construction  thereof,  that  such  sidewalk  has 
been  constructed  and  fully  completed  by  such  owner  in  accord- 
ance with  such  ordinance,  and  the  council  of  such  city,  town, 
or  village  shall  thereupon,  at  its  first  meeting  thereafter,  allow 
and  order  to  be  issued  to  such  owner,  an  order  on  the  treasurer 
of  such  city,  town,  or  village,  for  the  cost  of  the  construction 
of  such  sidewalk,  less  the  amount  of  special  tax  chargable  to 
the  lot  or  parcel  of  land  of  such  owner  on  the  line  of  which 
such  sidewalk  has  been  so  constructed. 


Streets. 


343 


VACATION  OF  STREETS. 

AN  ACT  to  revise  the  law  in  relation  to  the  vacation  of  streets  and 
alleys.  [Approved  March  24,  1874.  In  force  July  1,  1874.] 

722-  Three-fourths  Vote  Required— Damages.]  § i. 

That  no  city  council  of  any  city,  or  board  of  trustees  of  any 
village  or  town,  whether  incorporated  by  special  act  or  under 
any  general  law  shall  have  power  to  vacate  or  close  any  street 
or  alley,  or  any  portion  of  the  same,  except  upon  a three- 
fourths  majority  of  all  the  aldermen  of  the  city,  or  trustees  of 
the  village  or  tow.n,  authorized  by  law  to  be  elected;  such  vote 
to  be  taken  by  ayes  and  noes,  and  entered  on  the  records  of 
the  council  or  board.  And  when  property  is  damaged  by  the 
vacation  or  closing  of  any  street  or  alley,  the  same  shall  be 
ascertained  and  paid  as  provided  by  law. 

723.  Rights  of  Adjoining  Owners.]  § 2.  When  any 
street,  alley,  lane  or  highway,  or  any  part  thereof,  has  been  or 
shall  be  vacated  under  or  by  virtue  of  any  act  of  this  state  or 
by  order  of  the  city  council  of  any  city,  or  trustees  of  any  vil- 
lage or  town,  or  by  the  commissioners  of  highways,  county 
board,  or  other  authority  authorized  to  vacate  the  same,  the 
lot  or  tract  of  land  immediately  adjoining  on  either  side  shall 
extend  to  the  central  line  of  such  street,  alley,  lane  or  high- 
way or  part  thereof  so  vacated,  unless  otherwise  specially 
provided  in  the  act,  ordinance  or  order  vacating  the  same, 
unless,  in  consequence  of  more  of  the  land  for  such  streets 
alley,  lane  or  highway  having  been  contributed  from  the  land 
on  one  side  thereof  than  the  other,  such  division  is  inequitable, 
in  which  case  the  street,  alley,  lane  or  highway  so  vacated 
shall  be  divided  according  to  the  equities  of  the  adjoining 
owners. 

AN  ACT  to  cede  jurisdiction  to  the  United  States  over  certain  land 
and  for  the  purchase  and  condemnation  thereof.  [Approved  and 
in  force  December  14  1871.] 

7-c4.  United  States  may  Purchase  and  Condemn 
Lands.]  § 1.  That  the  United  States  shall  have  power  to 
purchase  or  condemn,  in  the  manner  prescribed  by  law,  upon 


344 


Statutes. 


making  just  compensation  therefor,  any  land  in  the  state  of 
Illinois  required  for  custom  houses,  arsenals,  light  houses, 
national  cemeteries,  or  for  other  purposes  of  the  government 
of  the  United  States. 

725.  Jurisdiction — Exempt  from  Taxes,]  § 2.  The 

United  States  may  enter  upon  and  occupy  any  land  which 
may  have  been  or  may  be  purchased  or  condemned,  or  other- 
wise acquired,  and  shall  have  the  right  of  exclusive  legislation 
and  concurrent  jurisdiction,  together  with  the  state  of  Illinois, 
over  such  land  and  structures  thereon,  and  shall  hold  the  same, 
exempt  from  all  state,  county  and  municipal  taxation. 

726-  Emergency.]  § 3.  Whereas,  by  the  burning  of 
the  United  States  postoffice,  custom  house,  and  United  States 
court  rooms,  in  the  city  of  Chicago,  an  emergency  exists,  re- 
quiring this  act  to  take  effect  immediately:  therefore  this  act 
shall  take  effect  from  and  after  its  passage. 

727.  Street  or  Alley  Closed.]  § 4.  That  in  case  there 
shall  be  any  street  or  alley  running  through  any  block  or  tract 
of  land  so  purchased  or  acquired  by  the  said  United  States 
for  any  of  the  purposes  described  in  the  said  act  hereinbefore 
set  forth,  all  that  portion  of  such  street  or  alley  within  such 
block  or  tract  or  land,  shall,  upon  the  purchase  of  the  same 
by  the  United  States,  or  the  transfer  of  the  same  to  the  United 
States  by  condemnation  or  otherwise,  for  any  of  the  purposes 
aforesaid,  be  and  the  same  is  hereby  vacated  and  closed,  and 
the  lots  or  tracts  of  land  abutting  upon  any  such  street  or 
alley  shall  extend  to  the  center  line  thereof,  and  vest  in  the 
said  United  States,  and  become  the  property  thereof,  with  full 
right,  power  and  authority  to  use,  occupy  and  enjoy  the  same 
as  its  own  property  in  fee,  to  the  same  extent  as  though  the 
same  had  never  been  used  or  occupied  as  a street  or  alley; 
and  the  said  act,  to  which  this  is  an  amendment,  shall  apply 
to  the  said  portion  of  such  street  or  alley  so  vacated  to  the 
same  extent  as  to  the  block  or  tract  of  land  so  purchased  or 
to  be  purchased  or  condemned  for  any  of  the  purposes  afore- 


Streets. 


345 


said.  [This  section  was  added  by  amendment  approved 
March  7,  1872.  In  force  July  1,  1872. 

PLEASURE  DRIVEWAYS. 

AN  ACT  to  provide  for  pleasure  driveways  in  incorporated  cities,  vil- 
lages, and  towns.  [Approved  and  in  force  March  27,  1889.] 

728-  Pleasure  Driveways — How  Established.]  § 1. 

That  the  city  council  in  cities,  the  president  and  the  board  of 
trustees  in  villages,  or  the  board  of  trustees  in  incorporated 
towns,  whether  incorporated  under  the  general  law,  or  special 
charter,  shall  have  the  power  to  designate  by  ordinance  the 
whole  or  any  part  of  not  to  exceed  two  streets,  roads,  avenues, 
boulevards  or  highways,  under  their  jurisdiction,  as  a public 
driveway,  to  be  used  for  pleasure  driving  only,  and  to  improve 
and  maintain  the  same,  and  also  to  lay  out,  establish,  open, 
alter,  widen,  extend,  grade,  pave  or  otherwise  improve  and 
maintain  not  more  than  two  roads,  streets  or  avenues,  and 
designate  the  same  as  pleasure  driveways,  to  be  used  for 
pleasure  driving  only : Provided , said  powers  shall  only  be 
exercised  when  said  corporate  authorities  are  petitioned  thereto 
by  the  owners  of  more  than  two-thirds  (%)  of  the  frontage 
of  land  fronting  upon  said  proposed  pleasure  driveway. 

729-  May  be  laid  out  under  Article  9.]  § 2.  Said 

pleasure  driveways  may  be  laid  out,  extended  and  improved 
under  the  provisions  of  article  9 of  an  act  to  provide  for  the 
incorporation  of  cities  and  villages,  approved  April  10,  1872, 
in  force  July  1,  1872,  and  any  and  all  amendments  thereto. 

730.  Power  of  Corporate  Authorities  to  Regulate,  Etc.] 

§ 3.  Said  corporate  authorities  may,  by  ordinance,  regulate, 
restrain  and  control  the  speed  of  travel  upon  said  pleasure 
drives,  and  prescribe  the  kind  of  vehicles  that  shall  be  allowed 
upon  the  same,  and  in  all  things  may  regulate,  restrain  and 
control  the  use  of  said  pleasure  driveways  by  the  public  or 
individuals,  and  may  exclude  therefrom  funeral  processions, 
hearses  and  traffic  teams  and  vehicles,  so  as  to  free  the  same 


346 


Statutes. 


from  any  and  all  business  traffic  or  objectionable  travel,  and 
make  the  same  a pleasure  driveway  for  pleasure  driving  only, 
and  may  prescribe  in  such  ordinances  such  fines  or  penalties 
for  the  violation  thereof  as  they  are  allowed  by  law  to  pre- 
scribe for  the  violation  of  other  ordinances. 

AN  ACT  to  enable  park  commissioners  or  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public  parks; 
to  pay  for  the  improvement  thereof,  and  in  that  behalf  to  make  and 
collect  a special  assessment,  or  special  tax  on  contiguous  property. 
[Approved  and  in  force  April  9,  1879.] 

731.  Drives  to  Public  Parks.]  § i.  That  every  board 
of  park  commissioners  shall  have  power  to  connect  any  public 
park,  boulevard  or  driveway  under  its  control,  with  any  part 
of  any  incorporated  city,  town  or  village,  by  selecting  and 
taking  any  connecting  street  or  streets  or  part  thereof,  leading 
to  such  park;  and  shall  also  have  power  to  accept  and  add  to 
any  such  park,  any  street  or  part  thereof  which  adjoins  and 
runs  parallel  with  any  boundry  line  of  the  same:  Provided , 
that  the  streets  so  selected  and  taken,  so  far  as  taken,  shall  lie 
within  the  district  or  territory,  the  property  of  which  shall  be 
taxable  for  the  maintenance  of  such  parks.  And , -provided 
further , that  the  consent  of  the  corporate  authorities  having 
control  of  any  such  street  or  streets  so  far  as  selected  and 
taken,  and  also  the  consent  in  writing  of  the  owners  of  a 
majority  of  the  frontage  of  the  lots  and  lands  abutting  on  such 
street  or  streets  so  far  as  taken,  shall  be  first  obtained.  [As 
amended  by  act  approved  June  27,  1885.  In  force  July  1, 
1885. 

732.  Taxes — Special  Assessments,  Etc.]  § 2.  That 

such  park  commissioners,  or  such  corporate  authorities  as  are 
by  law  authorized  to  levy  taxes  or  assessments  for  the  main- 
tenance of  such  parks,  shall  have  power  to  improve,  maintain 
and  repair  such  street  or  streets  in  such  manner  as  they  may 
deem  best,  and  for  that  purpose  they  are  hereby  authorized 
to  pay  for  the  improvement  thereof,  and  from  time  to  time  to 


Streets. 


347 


levy  or  cause  to  be  levied  and  collected  a special  tax  or  assess- 
ment on  contiguous  property  abutting  upon  such  street  so  im- 
proved for  a sum  of  money  not  exceeding  the  estimrted  cost 
of  such  first  improvement  or  improvements,  as  shall  be  ordered 
and  estimated  by  such  board  of  park  commissioners,  but  not 
for  any  subsequent  care,  maintenance  or  repair  thereof;  and 
to  that  end  such  board  or  corporate  authorities  shall  have  all 
the  power  and  authority  now  or  hereafter  granted  to  them 
respectively,  relative  to  the  levy,  assessment  and  collection  of 
taxes,  or  assessment  for  corporate  purposes;  and  such  special 
tax  or  assessments  as  are  hereby  authorized  may  be  divided 
into  not  exceeding  four  annual  installments,  bearing  interest 
at  the  rate  of  six  per  cent,  per  annum  from  the  date  of  con- 
firmation until  paid;  and  the  assessment  or  installments  thereof 
shall  be  collected  and  enforced  in  the  same  manner  as  is  pro- 
vided by  law  for  the  collection  and  enforcement  of  other  taxes 
or  assessments  for,  or  on  account  of  such  corporate  bodies  or 
boards,  as  aforesaid,  so  far  as  the  same  are  applicable.  [As 
amended  by  act  approved  June  1 6,  1887.  In  force  July  1, 

1887.] 

733.  Control  by  Park  Commissioners.]  § 3.  Such 
park  boards  shall  have  the  same  power  and  control  over  the 
parts  of  streets  taken  under  this  act,  as  are  or  may  be  by  law 
vested  in  them  of  and  concerning  the  parks,  boulevards  or 
drivewavs  under  their  control. 

734  Reversion  to  Corporate  Authorities — When.]  § 

4.  In  case  any  such  streets  or  parts  thereof,  shall  pass  from 
the  control  of  any  such  park  board,  the  power  and  authority 
over  the  same,  granted  or  authorized  by  this  act  shall  revert 
to  the  proper  corporate  authorities  of  such  city,  town  or  vil- 
lage, respectively  as  aforesaid. 

733-  City  May  Grant  Control  to  Park  Commissioners.] 

§ 5.  Any  city,  town  or  village  in  this  state,  shall  have  full 
power  and  authority  to  invest  any  of  such  park  boards  with 


348 


Statutes. 


the  right  to  control,  improve  and  maintain  any  of  the  streets  of 
such  city,  town  or  village,  for  the  purpose  of  carrying  out 
the  provisions  of  this  act. 

USE  BY  ELEVATED  RAILROADS. 

AN  ACT  in  regard  to  the  use  of  streets  and  alleys  in  incorporated  cities 
and  villages  by  elevated  railroads  and  elevated  ways  and  conveyors. 
[Approved  June  18,  1883.  In  force  July  1, 1883.] 

736.  Petition  of  Land  Owners.]  § i.  That  no  person 
or  persons,  corporation  or  corporations,  shall  construct  or 
maintain  any  elevated  railroad  or  any  elevated  way  or  con- 
veyor to  be  operated  by  steam  power,  or  animal  power  or  any 
other  motive  power,  along  any  street  or  alley  in  any  incorpor- 
ated city  or  village,  except  by  the  permission  of  the  city  coun- 
cil or  board  of  trustees  of  such  city  or  village,  granted  upon  a 
petition  of  the  owners  of  the  lands  representing  more  than 
one-half  of  the  frontage  of  the  street  or  alley,  or  of  so  much 
thereof  as  is  sought  to  be  used  for  such  elevated  railroad  or 
elevated  way  or  conveyor;  and  the  city  council,  or  board  of 
trustees  shall  have  no  power  to  grant  permission  to  use  any 
street  or  alley,  or  part  thereof,  for  any  of  the  purposes  afore- 
said, except  upon  such  petition  of  land-owners  as  is  herein 
provided  for. 

737.  When  Street  More  Than  One  Mile.]  § 2.  When 

the  street  or  alley,  or  part  thereof,  sought  to  be  used  for  any 
of  the  purposes  aforesaid,  shall  be  more  than  one  mile  in  ex- 
tent, no  petition  of  land  owners  shall  be  valid  for  the  purposes 
of  this  act,  unless  the  same  shall  be  signed  by  the  owners  of 
the  land  representing  more  than  one-half  of  the  frontage  of 
each  mile  and  fractional  part  of  a mile,  of  such  street  or  alley 
or  of  the  part  thereof  sought  to  be  used  for  any  of  the  pur- 
poses aforesaid. 

738.  Repeal.]  § 3.  All  acts  and  parts  of  acts  incon- 
sistent herewith  are  hereby  repealed. 


Telegraph  and  Telephone  Companies.  349 


34- 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


Section.  Section. 

739.  Eminent  domain.  74i-  Poles  in  streets. 

740.  Consent  necessary  to  erect  poles,  742.  Attaehed  to  building— no  prescrtp- 

etc.,  on  streets,  etc. — Record—  tive  right. 

Alteration. 

AN  ACT  to  revise  the  law  in  relation  to  telegraph  companies.  [Ap- 
proved March  24, 1874.  In  force  July  1,  1874.] 

739,  Eminent  Domain.]  § 2.  Every  such  company 
may  enter  upon  any  lands  for  the  purpose  of  making  surveys 
and  examinations  with  a view  to  the  erection  of  any  telegraph 
line,  and  take  and  damage  private  property  for  the  erection 
and  maintenance  of  such  lines,  and  may,  subject  to  the  pro- 
visions contained  in  this  act,  construct  lines  of  telegraph  along 
and  upon  any  railroad,  road,  highway,  street  or  alley,  along 
or  across  any  of  the  waters  or  lands  within  this  state,  and  may 
erect  poles,  posts,  piers  or  abutments  for  supporting  the  insu- 
lators, wires  and  other  necessary  fixtures  of  their  lines,  in  such 
manner  and  at  such  points  as  not  to  incommode  the  public 
use  of  the  railroad,  highway,  street  or  alley,  or  interrupt  the 
navigation  of  such  waters. 

740.  Consent  Necessary  to  Erect  Poles,  Etc.,  on  Roads, 
Streets,  Etc. — Record— Alteration. J § 4.  No  such  com- 
pany shall  have  the  right  to  erect  any  poles,  posts,  piers,  abut- 
ments, wires  or  other  fixtures  of  their  lines  along  or  upon  any 
road,  highway,  or  public  ground,  outside  the  corporate  limits 
of  a city,  town  or  village,  without  the  consent  of  the  county 
board  of  the  county  in  which  such  road,  highway,  or  public 
ground  is  situated,  nor  upon  any  street,  alley,  or  other  high- 
way or  public  ground,  within  any  incorporated  city,  town  or 
village,  without  the  consent  of  the  corporate  authorities  of  such 
city  town  or  village.  The  consent  herein  required  must  be  in 
writing,  and  shall  be  recorded  in  the  recorder’s  office  of  the 
county.  And  such  county  board,  or  the  city  council,  or  board  of 
trustees  of  such  city,  town  or  village,  as  the  case  maybe,  shall 
have  power  to  direct  any  alteration  in  the  location  or  erection  of 


350 


Statutes. 


any  such  poles,  posts,  piers  or  abutments,  and  also  in  the  height 
of  the  wires,  having  first  given  the  company  or  its  agent  op- 
portunity to  be  heard  in  regard  to  such  alteration. 

AN  ACT  to  permit  the  use  of  public  highways,  streets  and  alleys  and 
private  roads  leading  to  such  highways,  streets  and  alleys  outside 
of  incorporated  cities,  villages  and  towns,  for  the  purpose  of  con 
structing,  operating  and  maintaining  private  lines  of  teles  raph 
or  telephone,  and  to  prescribe  penalties  for  the  injury  or  obstruc- 
tion ot'  such  lines.  [Approved  June  18,  1883.  In  force  July  1, 
1883. 

741-  Poles  in  Streets.  | § 2.  For  the  purpose  of  con- 

structing and  maintaining  such  lines  of  telegraph  or  telephone, 
the  parties  in  interest  may  set  the  necessary  poles  or  posts  on 
which  to  place  the  wires  and  insulators  of  such  lines,  in  any 
of  the  public  streets,  highways  or  alleys,  or  in  any  private 
road  leading  to  such  highways,  streets  or  alleys  outside  of  the 
incorporated  cities,  villages  or  towns  in  this  state  along  which 
such  lines  may  pass:  Provided , such  poles  or  posts  shall  be 
placed  along  the  boundaries  of  such  highways,  streets,  or 
alleys,  at  such  distances  therefrom  as  the  authorities  having 
control  thereof  may  direct,  And  'provided  further , that  the 
wires  necessary  for  such  lines  shall  not  be  less  than  fifteen 
feet  above  the  ground  along  such  boundaries,  and  not  less 
than  twenty  feet  at  any  public  or  private  crossing,  and  shall 
be  so  placed  as  not  in  any  manner  to  interfere  with  such 
crossing. 

AN  ACT  relating  to  telegraph,  telephone,  electric  light  and  other 
wires,  poles  and  cables.  [Approved  June  16,  1887.  In  force  J uly 
1,  1887. 

742-  Attached  to  Building — No  Prescriptive  Right.] 

§ 1.  Whenever  any  wire,  pole  or  cable  used  for  any  tele- 
graph, telephone,  electric  light  or  other  electric  purpose,  or 
for  the  purpose  of  communication,  is  or  shall  be  attached  to, 
or  does  or  shall  extend  upon  or  over  any  building  or  land,  no 
lapse  of  time  whatever  shall  raise  a presumption  of  any  grant 
of,  or  justify  a prescriptive  right  to,  such  attachment  or 
extension. 


Township  Organization. 


35i 


35.  TOWNSHIP  ORGANIZATION. 


Section. 

743  Territory  of  City  Organized  as  Town. 

744.  Town  in  City. 

745.  Election  of  Officers. 

746.  Powers  Exercised  by  Council. 


Section 

747.  What  Council  May  Provide. 

748.  May  Regulate  the  Number  of  Justices. 

749.  Vacancies. 


TOWNSHIP  ORGANIZATION. 

AN  ACT  to  authorize  county  boards  in  counties  under  township  organ 
ization  to  organize  certain  territory  situated  therein  as  a town. 
[Approved  May  23, 1877.  In  force  July  1,  1877. 

743.  Territory  of  City  Organized  as  Town.]  § 1.  That 
the  county  board,  in  any  county  under  township  organization, 
may  provide  that  the  territory  embraced  within  any  city  in 
such  county  shall  be  organized  as  a town ; 'provided,  such  ter- 
ritory shall  have  a population  of  not  less  than  three  thousand. 
And  -provided , the  city  council  in  such  city  shall  by  resolution 
request  such  action  by  the  county  board. 

744.  Town  in  City.]  § 2.  The  territory  of  any  city 
now  organized,  within  the  limits  of  any  county  under  town- 
ship organization,  and  not  situated  within  any  town,  shall  be 
deemed  to  be  a town. 

745.  Election  of  Officers.]  § 3.  All  town  officers 
within  any  town  organized  as  aforesaid  shall  be  elected  at  the 
annual  charter  election  of  such  city.  All  general  elections 
held  in  such  city  and  town,  shall  be  held  at  the  same  voting 
places  as  the  city  elections,  with  judges  and  clerks  appointed 
in  like  manner  as  for  the  city  elections. 

746.  Powers  Exercised  by  Council.]  §4.  The  pow- 
ers vested  in  such  town  shall  be  exercised  by  the  city  council. 

747.  What  City  Council  May  Provide.]  § 5.  The 
city  council  in  such  city  and  town,  may  by  ordinance,  provide 
that  the  officers  of  city  and  town  clerk  shall  be  united  in  the 
same  person;  that  the  officers  of  treasurer  and  town  collector 
shall  be  united  in  the  same  person;  that  the  election  of  high- 


352 


Statutes. 


way  commissioners  shall  be  discontinued,  and  that  the  offices 
of  supervisor  and  poormaster  shall  be  separated,  and  the  poor- 
master  appointed  by  the  city  council.  [As  amended  by  act 
approved  June  18,  1883.  In  force  July  1,  1883. 

748.  May  Regulate  the  Number  of  Justices.]  § 6. 

The  city  council  in  such  city  and  town  may  from  time  to 
time  regulate  the  number  of  justices  of  the  peace,  police  mag- 
istrates and  constables  to  be  elected  within  such  city  and  town; 
but  the  number  elected  to  either  of  such  offices  shall  not  ex- 
ceed the  number  allowed  by  law  to  other  towns  of  like  popu- 
lation. 

749.  Vacancies.  § 7.  Vacancies  in  any  of  the  town 
offices  within  such  city  and  town  may  be  filled  by  the  city 
council. 


36  WATER  WORKS. 


Section. 

750.  Power  to  supply  water-letting  contract. 

751.  Borrowed  money-tax 

752.  May  acquire  property  for  works,  etc. 

753.  Rules— tax— assessment— lien. 

754.  Special  assessment. 

755.  Separate  fund. 

756.  When  act  not  apply. 

757.  Bonds— assessments  payable  in  in- 

stallments. 


Section. 

758.  When  installments  payable— interest. 

759.  Applies  to  assessments  already  or- 

dered. 

760.  Power  to  contract  for  water. 

761.  Tax. 

762.  Cities— powers  and  privileges. 

763.  Powers  of  board— may  raise  money- 

vote. 

764.  Water  fund  and  light  tax. 


WATER  WORKS. 

AN  ACT  authorizing  cities,  incorporated  towns  and  villages  to  con- 
struct and  maintain  water  works.  [Approved  and  in  force  April  15 
1873.] 

750.  Power  to  Supply  Water — Letting  Contract.]  § 

1.  That  all  cities,  incorporated  towns  and  villages  in  this 
state,  be  and  are  hereby  authorized  and  shall  have  power  to 
provide  for  a supply  of  water  for  the  purposes  of  fire  protec- 
tion, and  for  the  use  of  the  inhabitants  of  such  cities,  incor- 
porated towns  or  villages  by  the  erection,  construction  and 


Water  Works. 


353 


maintaining  of  a system  of  water  works  or  by  uniting  with 
any  adjacent  city,  incorporated  town  or  village,  in  the  erection, 
construction  and  maintaining  of  a system  of  water  works  for 
the  joint  use  of  such  cities,  incorporated  towns  or  villages,  or 
by  procuring  such  supply  of  water  from  any  adjacent  city,  in- 
corporated town  or  village  already  having  water  works. 
Provided , that  all  contracts  for  the  erection  or  construction  of 
such  works  or  any  part  thereof,  shall  be  let  to  the  lowest  re- 
sponsible bidder  therefor,  upon  not  less  than  three  (3)  weeks 
public  notice  of  the  terms  and  conditions  upon  which  the  con- 
tract is  to  be  let  having  been  given  by  publication  in  a news- 
paper published  in  such  city,  town  or  village,  or  if  no  news- 
paper is  published  therein,  then  in  some  newspaper  published 
in  the  county.  And , -provided,  further,  that  no  member  of 
the  city  council  or  board  of  trustees  or  mayor  shall  be  directly 
or  indirectly  interested  in  any  such  contract,  and  in  all  cases  the 
council  or  board  of  trustees,  as  the  case  may  be,  shall  have  the 
right  to  reject  any  and  all  bids  that  may  not  be  satisfactory  to 
them. 

Whereas,  An  emergency  exists,  therefore  this  act  shall  be 
in  force  from  and  after  its  passage.  [As  amended  by  act  ap- 
proved and  in  force  May  14,  1879.] 

751-  Borrowed  Money — Tax.]  § 2.  Such  cities,  in- 
corporated towns  and  villages  may  borrow  money  and  levy 
and  collect  a general  tax  in  the  same  manner  as  other  munici- 
pal taxes  may  be  levied  and  collected  for  the  erection,  con- 
struction and  maintaining  of  such  water  works,  and  appro- 
priate money  for  the  same. 

752-  May  Acquire  Property  for  Works,  Etc.]  § 3, 

For  the  purpose  of  erecting,  constructing,  locating,  maintain- 
ing or  supplying  such  water  works,  any  such  city,  incorpor- 
a:ed  town  or  village  may’ go  beyond  its  territorial  limits,  and 
may  take,  hold  and  acquire  property  and  real  estate,  by  pur- 
chase or  otherwise;  and  shall  also  have  the  power  to  take, 

23 


354 


Statutes. 


hold  and  acquire  and  condemn  any  and  all  necessary  property 
and  real  estate  for  the  location,  erection,  construction  and 
maintaining  of  such  water  works,  in  the  manner  provided  for 
the  taking  and  condemning  of  private  property  for  public  use; 
and  may  also  acquire  and  hold  real  estate  and  other  property 
and  rights  necessary  for  the  location,  erection,  construction 
and  maintenance  of  such  water  works,  by  purchase  or  other- 
wise; and  the  jurisdiction  of  such  city,  town  or  village  to  pre- 
vent or  punish  any  pollution  or  injury  to  the  stream  or  source 
of  water  for  the  supply  of  such  water  works,  shall  extend  ten 
miles  beyond  its  corporate  limits. 

753-  Rules — Tax — Assessments — Lien.]  § 4.  The 

common  council  of  such  cities,  or  trustees  of  such  towns  or 
villages,  shall  have  power  to  make  and  enforce  all  needful 
rules  and  regulations  in  the  erection,  construction  and  man- 
agement of  such  water  works,  and  for  the  use  of  water  sup- 
plied by  the  same.  And  such  cities,  towns  and  villages  shall 
have  the  right  and  power  to  tax,  assess  and  collect  from  the 
inhabitants  thereof  such  tax,  rent  or  rates  for  the  use  and 
benefit  of  water  used  or  supplied  to  them  by  such  water 
works,  as  the  common  council  or  board  of  trustees,  as  the 
case  may  be,  shall  deem  just  and  expedient.  And  all  such 
water  taxes,  rates  or  rents  shall  be  a lien  upon  the  premises 
and  real  estate  upon  or  for  which  the  same  is  used  or  sup- 
plied. And  such  taxes,  rents  or  rate*  shall  be  paid  and  col- 
lected, and  such  lien  enforced,  in  such  manner  as  the  common 
council  shall,  by  ordinance,  direct  and  provide. 

754.  Special  Assessment.]  § 5.  The  expense  of 
locating,  erecting  and  constructing  reservoirs  and  hydrants 
for  the  purpose  of  fire  protection,  and  the  expense  of  con- 
structing and  laying  water  main  pipes,  or  such  part  thereof  as 
may  be  just  and  lawful,  may  be  assessed  upon  and  collected 
from  the  property  and  real  estate  specially  benefited  thereby, 
if  any,  in  such  manner  as  may  be  provided  for  the  making  of 


Water  Works. 


355 


special  assessments  for  other  public  improvements  in  such 
cities,  towns  or  villages. 

755.  Separate  Fund.]  § 6.  All  the  income  received  by 
such  cities,  towns  or  villages  from  such  water  works,  from 
the  payment  and  collection  of  water  taxes,  rents  or  rates,  shall 
be  kept  in  a separate  fund,  and  shall  first  be  applied  in  the 
payment  and  discharge  of  the  costs,  interest  on  bonds  or 
money  borrowed  and  used  in  the  erection  and  construction  of 
such  water  works  and  running  expenses  thereof.  And  any 
surplus  may  be  applied  in  such  manner  as  the  common  council 
or  board  of  trustees  may  direct. 

756.  When  Act  Not  Apply  .]  § 7.  The  provisions  of 

this  act  shall  not  apply  to  cities,  towns  or  villages  in  which 
water  works  are  now  managed  or  controlled  by  a board  of 
public  works. 

AX  ACT  to  provide  for  the  laying  of  water  supply  pipe  by  bonds  and 
special  assessment,  payable  in  installments.  [Approved  and 
in  force  March  17, 1874.] 

757.  Bonds — Assessments  Payable  in  Installments.] 

§ 1.  That  whenever  the  corporate  authorities  of  any  city, 
town  or  village  shall  provide  by  ordinance,  for  the  laving  of 
water  supply  pipes,  to  be  paid  for  by  a special  assessment  to 
be  made  under  the  provisions  of  article  nine  of  the  act  of  the 
General  Assembly,  entitled  “An  act  to  provide  for  the  incor- 
poration of  cities  and  villages,”  approved  April  10,  A.  D. 
1872,  such  corporate  authorities  may,  in  their  discretion,  pro- 
vide in  such  ordinance,  or  by  an  ordinance  to  be  adopted  at 
any  time  prior  to  the  issuance  of  the  warrant  to  the  collector 
for  the  collection  of  such  assessment,  that  the  amount  of  the 
estimated  cost  of  such  improvement  shall  be  provided  for  in 
the  following  manner,  to-wit:  That  bonds  of  the  city,  town 
or  village,  as  the  case  may  be,  shall  be  issued  for  such  portion 
of  the  estimated  cost  of  such  improvement  as  shall  be  appor- 
tioned to  the  city,  town  or  village  as  public  benefit,  payable  at 
such  time  or  times,  within  twenty  years,  as  may  be  provided 


356 


Statutes. 


by  said  ordinance,  or  it  may  in  such  ordinance  be  provided 
that  all  or  an)"  portion  of  the  amount,  so  apportioned  as  public 
benefits,  may  be  made  by  general  taxation  in  accordance  with 
the  provisions  contained  in  said  article  nine,  and  that  the  por- 
tion of  said  estimated  cost  which  shall  be  assessed  upon  prop- 
erty specially  benefited,  shall  be  payable  in  such  annual  install- 
ments, not  exceeding  ten  in  number,  as  may  in  such  ordinance 
be  prescribed:  Provided , that  nothing  in  this  section  shall 

-authorize  any  city,  town  or  village  to  issue  such  bonds  to  an 
amount,  including  all  existing  indebtedness,  in  excess  of  the 
charter,  statutory  or  constitutional  limitation  of  the  indebted- 
ness of  such  city,  town  or  village. 

758.  When  Installments  Payable — Interest.]  § 2. 

Whenever  such  corporate  authorities  shall  have  provided  by 
ordinance  for  the  making  of  such  improvement  in  the  manner 
prescribed  in  Section  1 of  this  act,  the  first  installment  of  the 
amount  assessed  upon  property  specially  benefited,  shall  be 
pavable  immediately  upon  the  issuance,  by  the  clerk  of  such 
city,  town  or  village,  of  his  warrant  to  the  collector,  and  the 
subsequent  installments  shall  be  payable  annually  thereafter, 
with  interest  until  paid,  at  such  rate  as  shall  be  prescribed  in 
such  ordinance,  not  exceeding  ten  per  cent,  per  annum. 

759.  Applies  to  Assessments  Already  Ordered.]  § 3. 

This  act  shall  apply  to  assessments  already  ordered  for  the 
purpose  set  forth  in  Section  1 of  this  act,  and  to  the  ordinances 
in  relation  thereto,  as  well  as  to  ordinances  hereafter  to  be 
adopted. 

AN  ACT  to  enable  cities,  incorporated  towns  and  villages  to  contract 
for  a supply  of  water  for  public  use,  and  to  levy  and  to  collect  a 
tax  to  pay  for  the  water  so  supplied.  [Approved  April  9,  1872.  In 
force  July  1,  1872.  This  title  is  as  amended  by  act  approved  June 
26,  1885.  In  force  July  1,  1885. 

760-  Power  to  Contract  for  Water.]  § 1.  That  in  all 

cities,  incorporated  towns  and  villages  where  water  works 
have  been,  or  may  hereafter  be  constructed  by  any  person  or 


Water  Works 


357 


incorporated  company,  the  city,  town  or  village  authorities 
in  such  cities,  incorporated  towns  and  villages  may  contract 
with  such  person  or  incorporated  company  for  a supply  of 
water  for  public  use  for  a period  not  exceeding  thirty  years. 
[As  amended  by  act  approved  June  30,  1885.  In  force  July 
1,  1885. 

761-  Tax.]  § 2.  Any  such  city  or  village  so  contracting 
may  levy  and  collect  a tax  on  all  taxable  property  within  such 
city  or  village,  to  pay  for  the  water  so  supplied. 

AN  ACT  to  aid  cities  owning  or  operating  water  works  to  secure  an 
additional  or  better  supply  of  pure  water.  [Approved  and  in  force 
May  27,  1881. 

76  i-  Cities — Powers  and  Privileges.]  § 1.  That  all 
cities  owning  or  operating  water  works  under  any  charter 
granted  by  act  of  any  general  assembly  of  this  state,  or  under 
the  general  incorporation  laws  of  this  state,  whether  by  boards 
of  water  commissioners  or  by  officers  appointed  for  that  pur- 
pose, are  hereby  granted  the  following  powers  and  privileges, 
for  the  purpose  of  increasing  or  bettering  the  source  of  supply 
from  which  such  water  is  obtained. 

763-  Powers  of  Board — May  Raise  Money — Vote.] 

§ 2.  Whenever,  in  the  judgment  of  a majority  of  any  board 
of  water  commissioners,  or  if  there  be  no  such  board,  then  in 
the  judgment  of  a majority  of  the  city  council  of  any  city  own- 
ing or  operating  such  water  works,  it  shall  be  necessary  for 
the  public  health,  or  for  any  other  cause,  to  increase  the  source 
of  water  supply,  or  to  substitute  for  it  such  better  source  as, 
in  their  judgment,  the  interests  of  such  city  may  demand,  such 
board  of  water  commissioners  or  city  council  may,  in  addition 
to  the  powers  already  conferred  upon  them  by  act  of  any  gen- 
eral assembly  of  this  state,  construct  wells,  either  by  boring  or 
excavation,  and  protect  and  equip  the  same  after  construction, 
or  may  lease  water  privileges  from  private  parties  or  corpora- 
tions owning  wells  already  or  hereafter  to  be  constructed,  and 


358 


Statutes 


may  pay  for  such  construction  or  lease,  and  for  the  expenses 
maintained  in  operating  the  same,  out  of  any  earnings  of  such 
water  works  under  their  control  which  may  be  in  their  hands 
at  the  time  of  the  taking  effect  of  this  act,  or  which  may 
accrue  to  them  hereafter:  Provided , that  no  money  shall  be 
expended  under  the  provisions  of  this  act,  for  the  purposes 
herein  specified,  until  the  question  of  the  expenditure  of  such 
money  for  the  purposes  aforesaid  shall  have  been  submitted  to 
a vote  of  the  people  of  the  city  in  which  such  water  works 
may  be  situated,  at  any  election  for  city  officers  or  special 
election  called  for  that  purpose  by  the  city  council  of  said 
city,  and  shall  have  received  a majority  of  the  votes  cast  at 
such  election:  Provided \ further , that  no  money  shall  be  ex- 
pended under  the  provisions  of  this  act,  for  the  purposes  afore- 
said, other  than  the  surplus  earnings  of  such  water  works. 

AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage 
and  water  works  m cities  of  this  state,  that  may  have  establish ^d 
a system  of  sewerage  and  water  works  for  such  city,  and  to  repeal 
an  act  therein  named,  and  to  authorize  the  cities,  villages  and 
incorporated  towns  of  this  state  to  levy  and  collect  taxes  to  pay 
foi  water  and  light.  [Approved  June  21,  1883.  In  force  July  1, 
1883. 

764-  Water  Fund  and  Light  Tax.]  § 2.  The  legisla- 
tive authority  of  any  city  which  now  has,  or  which  may  here- 
after have  established  or  hired  water  works,  for  the  supply  of 
water  to  the  inhabitants  thereof,  shall  have  power  to  annually 
levy  and  collect  a tax  upon  the  taxable  real  and  personal  estate 
of  any  such  city,  whether  organized  under  a special  charter 
or  the  general  law,  not  to  exceed  one  mill  on  the  dollar,  for 
the  extension  of  water  mains  or  pipes  therein,  and  the  main- 
tenance of  such  water-works,  or  to  the  creation  of  a sinking 
fund  to  be  applied  to  the  establishment  of  water-works,  which 
tax  shall  be  known  as  the  “Water  Fund  Tax,”  and  shall  be 
levied  and  collected  in  the  same  manner  that  other  general 

taxes  of  any  such  city  are  levied  and  collected : Provided , 
that  the  board  of  public  works  of  such  city,  if  any,  or  the 


Water  Works. 


359 


head  of  the  water  department  of  such  city,  shall  first  certify 
to  such  legislative  authority,  the  amount  that  will  be  necessary 
for  such  purposes,  and  shall  further  certify  that  the  revenue 
or  income  from  such  water  works  will  be  insufficient  therefor: 
Provided , further , that  two-thirds  majority  of  all  the  mem- 
bers elect  of  the  legislative  authority  of  such  city  may  levy  a 
tax  for  such  purposes,  not  to  exceed  three  mills  on  each  dol- 
lar of  the  taxable  property  of  such  city:  And , -provided , 
further , that  the  legislative  authority  of  each  of  the  cities, 
villages  and  incorporated  towns  in  this  state,  with  the  con- 
currence of  two-thirds  of  the  members  thereof,  shall  be  auth- 
orized to  levy,  and  collect  annually,  upon  the  taxable  property 
within  its  limits,  in  addition  to  all  other  taxes  now  authorized 
by  law,  a tax  of  not  exceeding  three  mills  on  the  dollar  of  such 
taxable  property  to  be  used  exclusively  for  the  purpose  of 
lighting  streets,  and  a further  tax  of  not  exceeding  two  mills 
on  the  dollar  of  such  taxable  property,  to  be  used  exclusively 
for  the  purpose  of  supplying  water  to  such  city,  village  or  in- 
corporated town:  Provided , also , that  nothing  in  this  act 
shall  be  so  construed  as  to  increase  the  amount  of  aggregate 
taxes  that  may  be  levied  in  any  one  year  by  any  city  or  vil- 
lage as  provided  in  section  one  (i),  of  article  VIII  of  an  act 
entitled  “An  act  to  provide  for  the  incorporation  of  cities  and 
villages,”  approved  April  io,  1872. 


PROVISIONS  OP  FORMER  CHARTER 
OF  THE  CITY  OF  PEORIA. 


Section, 

765.  City  of  Peoria  a Body  Politic— Seal— 

Etc. 

766.  Boundaries — Jurisdiction. 

767.  Board  of  School  Inspectors— Body  Pol- 

itic. 

768.  Who  to  Compose  — Qualifications — 

Term — Election— Class. 

769.  Further  Election  Provisions. 

77 0.  Voting  For— Vacancies — How  Filled. 

771.  Organization  of  Board— Officers  Of— 

May  be  Removed. 

772.  Secretary — Duties— Compensation. 

773.  Treasurer— Duties— Settlements— 

Bond  Of. 

774.  Meetings— Powers  of  Board. 

77 5*  Conveyance  of  Real  Estate. 


Section. 

776.  Annual  Report — Publication. 

777.  Compensation  of  Board— Of  Treas- 

urer. 

778.  School  Funds — How  Raised — Limit — 

To  Whom  Paid. 

779.  School  Money — Who  Entitled  To. 

780.  Schedules — Report  to  State  Superin- 

tendent. 

781.  Colored  Schools. 

782.  Township  Trustees  of  Schools  Abol- 

ished. 

783.  May  Issue  Bonds-  Limit— Interest— 

Where  Payable. 

784.  School  Taxes —Separate  Fund— To 

Whom  Paid — Surplus. 

785.  How  New  Law  May  Change  This. 

787.  Repeal. 


CHAPTER  I. 

CITY  BOUNDARIES. 

765.  City  of  Peoria  a Body  Politic,  Seal,  Etc.]  § 1. 

The  inhabitants  of  all  the  district  of  country  in  the  county  of 
Peoria  and  State  of  Illinois,  contained  within  the  limits  and 
boundaries  hereafter  prescribed,  shall  be  a body  politic  and 
corporate,  under  the  name  and  style  of  the  “City  of  Peoria,” 
and  by  that  name  sue  and  be  sued,  complain  and  defend  in 
any  court;  make  and  use  a common  seal,  and  alter  it  at  pleas- 
ure; and  take  and  hold,  purchase,  lease  and  convey,  such  real 
and  personal  or  mixed  estate  as  the  purposes  of  the  corpora- 
tion may  require,  within  or  without  the  limits  as  aforesaid. 

766.  Boundaries — Jurisdiction,  ] § 2.  The  corporate 
limits  and  jurisdiction  of  the  City  of  Peoria  shall  embrace  and 
include  within  the  same  all  of  fractional  section  two  (2);  all  of 


School  Board. 


361 


fractional  section  three  (3);  the  south  half  of  section  four  (4); 
the  northeast  quarter  of  section  four  (4) ; the  southeast  quar- 
tea  of  section  five  (5) ; the  south  half  of  the  southwest  quarter 
of  section  five  (5);  all  of  section  eight  (8);  fractional  section 
nine  (9);  fractional  section  ten  (10);  fractional  section  sixteen 
(16);  fractional  section  seventeen  (17); — all  in  township 
eight  (8)  north,  range  eight  (8)  east  of  the  fourth  principal 
meridian,  and  to  the  middle  of  Lake  Peoria  and  Illinois  River 
as  lies  in  front  of  the  territory  aforesaid. 

CHAPTER  XIII. 

PUBLIC  SCHOOLS BOARD  OF  SCHOOL  INSPECTORS. 

767.  Board  of  School  Inspectors — A Body  Politic.] 

§ 1.  There  is  hereby  created  a body  politic  and  corporate, 
by  the  name  and  style  of  the  “Board  of  School  Inspectors  of 
the  City  of  Peoria,”  who  shall  have  perpetual  existence,  and 
by  said  name  shall  sue  and  be  sued,  plead  and  be  impleaded, 
in  all  courts  and  places  where  judicial  proceedings  are  had, 
and  may  purchase,  receive  and  hold  real,  personal  and  mixed 
estate,  and  may  sell,  lease  and  dispose  of  the  same. 

768-  Who  Compose — Qualifications — Term — Election 
— Class.]  § 2.  The  said  board  of  school  inspectors  shall 
consist  of  the  mayor  of  the  city  of  Peoria,  and  two  members 
from  each  ward  (the  election  districts  in  the  township  of 
Peoria  to  be  deemed,  for  school  purposes,  portions  of  the 
wards  at  which  the  voting  for  said  districts  is  now  or  may 
hereafter  be  done),  who  shall  be  residents  of  their  respective 
wards,  and  who  shall  hold  their  offices  respectively  for  two 
years,  or  until  the  election  and  qualification  of  their  successors. 
They  shall  be  divided  into  two  classes,  so  that  one  half  shall 
be  elected  annually.  The  first  class  shall  be  elected  on  the 
first  Tuesday  after  the  first  Monday  of  November,  1869,  and 
every  two  years  thereafter.  The  second  class  shall  be  elected 


3*52 


Former  Charter. 


on  the  first  Tuesday  after  the  first  Monday  of  November, 
1870,  and  every  two  years  thereafter.  The  members  of  the 
board  of  school  inspectors  now  in  office  shall  hold  over  until 
the  first  Monday  of  January  following  the  term  for  which  they 
were  elected,  except  those  who  were  last  elected,  who  shall  go 
out  of  office  as  hereafter  provided.  All  members  of  the  board 
hereafter  to  be  elected  shall  enter  upon  the  duties  of  their 
office  on  the  first  Monday  of  January  following  their  election, 
except  those  three  elected  in  1870  in  the  wards  casting  the 
lowest  number  of  votes,  who  shall  not  enter  upon  the  duties  of 
their  office  until  the  first  Monday  in  June,  A.  D.  1871. 

769.  Further  Election  Provisions — Quorum.]  § 3. 

All  following  elections  for  school  inspectors  shall  be  held  on 
the  first  Tuesday  after  the  first  Monday  of  November,  each 
successive  year,  and  shall  be  notified  and  called,  and  the  poll- 
books  opened  and  kept,  the  votes  canvassed  and  the  returns 
made,  only  with  and  as  a part  of  the  election  for  city  officers 
of  said  city  and  county  and  state  elections,  and  the  same 
registry  list  shall  be  used  as  in  the  municipal  and  state  and 
county  elections.  The  persons  receiving  the  highest  number 
of  votes  for  said  officers  at  said  elections  shall  be  declared 
elected;  and  the  city  clerk,  immediately  upon  the  election  and 
canvassing  of  the  votes,  shall  notify  the  several  persons  so 
elected  of  their  election,  and  a majority  of  the  board  shall  con- 
stitute a quorum. 

770.  Voting  For — Vacancies — How  Filled.]  § 4.  The 

legal  voters  of  the  town  of  Peoria  shall  be  entitled  to  vote  at 
all  elections  for  said  inspectors,  held  in  pursuance  of  this 
chapter,  and  the  votes  of  the  legal  voters  residing  out  of  the 
city  of  Peoria,  but  within  the  town  of  Peoria,  shall  be  received 
at  the  places  of  voting  in  said  city  of  Peoria  as  at  present 
provided.  And  all  vacancies  occuring  in  said  board  by  death, 
removal  from  the  wards,  or  otherwise,  shall  be  filled  by  the 


School  Board. 


363 


legal  voters  aforesaid;  and  if  the  annual  election,  provided  for 
as  aforesaid,  shall  not  be  notified  and  held  at  the  time  specified 
in  this  chapter,  it  shall  be,  by  the  proper  officer  or  officers, 
notified,  called,  held,  canvassed  and  returned,  at  some  other 
time  thereafter,  and  the  persons  so  elected  shall  hold  their 
respective  offices  for  the  term  which  they  would  have  held 
if  they  had  been  elected  at  the  regular  election  held  at  the 
usual  time  for  that  year. 

771.  Organization  of  Board — Officers  of — May  be  Re- 
moved.] § 5.  At  the  first  regular  meeting  in  January  of 
each  year,  or  as  soon  thereafter  as  may  be,  the  said  board  of 
school  inspectors  shall  choose  one  of  their  own  number  as 
president  of  said  board,  and  shall  also  appoint  a secretary  and 
treasurer,  who  may  or  may  not  be  members  of  the  board. 
The  said  secretary  and  treasurer  shall  hold  their  offices  for 
one  year,  and  until  their  successors  shall  be  respectively  ap- 
pointed and  qualified.  The  secretary  and  treasurer  shall  be 
subject  to  removal  by  a majority  of  all  the  members  of  the 
board,  and  in  each  of  said  removals,  or  where  a vacancy  may 
occur  in  said  offices  by  death,  resignation,  removal  from  the 
city,  or  otherwise,  the  board  shall  appoint  a competent  person 
to  fill  the  vacancy. 

772.  Secretary— Duties — Compensation.]  § 6.  The 

secretary  shall  keep  a record  of  the  proceedings  of  the  board, 
in  a book  to  be  provided  for  that  purpose,  and  shall  do  and 
perform  such  other  duties  in  relation  to  the  schools  and  educa- 
tion is  said  city  as  shall  be  required  of  him  by  the  rules  and 
regulations  of  the  board,  and  shall  be  sworn  to  the  faithful 
performance  of  his  duties,  and  shall  receive  such  compensa- 
tion as  the  board  may  prescribe. 

773.  Treasurer-  Duties — Settlements — Bond  Of.]  § 

7.  The  treasurer  shall  receive  all  the  moneys  belonging  to 
the  “school  fund”  of  the  city  of  Peoria,  and  other  moneys  un- 


364 


Former  Charter. 


der  the  control  of  said  board;  and  shall  keep  a true  and  accur- 
ate account  of  all  moneys  received  and  paid  out  by  him,  for 
what  purpose,  and  upon  what  and  whose  account;  but  he  shall 
pay  out  no  money  except  upon  the  order  of  the  board.  For 
all  moneys  paid  out  he  shall  take,  and  file  with  the  papers  of 
his  office,  proper  vouchers;  he  shall  settle  his  accounts  with 
the  board  once  in  each  year,  and  oftener  if  the  board  shall  so 
require;  he  shall  perform  such  other  duties  as  the  board  may 
by  any  rule  or  regulation,  prescribe;  he  shall  be  sworn  to  the 
faithful  discharge  of  his  duties,  and  shall  give  a bond  to  the 
city  of  Peoria,  wilh  good  and  sufficient  sureties,  to  be  ap- 
proved by  the  board  of  school  inspectors,  in  such  sum  as  said 
board  shall  determine,  but  to  be,  as  nearly  as  can  be  ascer- 
tained, in  double  the  amount  of  all  moneys  that  may  be  in  his 
hands  at  any  one  time  during  any  one  ‘year,  and  conditioned 
for  the  faithful  performance  of  his  duties  as  such  treasurer* 
and  especially  faithfully  to  keep,  and  from  time  to  time  pay 
over  all  moneys  that  he  shall  receive  as  such  treasurer,  as  he 
shall  be  directed  by  the  board  as  required  by  law;  and  for 
any  breach  of  the  conditions  of  said  bond,  a suit  shall  be  pros- 
ecuted for  such  breach  or  breaches  against  the  treasurer  and 
his  securities,  in  the  name  of  the  city  of  Peoria,  under  the  di- 
rection and  supervision  of  said  board  of  inspectors;  and  when 
any  money  shall  be  collected  thereon,  it  shall  be  paid  over  as 
the  board  shall  direct,  to  be  used  and  appropriated  as  other 
money  in  the  treasury;  but  if  the  default  was  for  the  non-pay- 
ment or  on  account  of  the  principal  of  the  township  school 
fund,  it  shall  again  become  part  of  the  principal  of  said  fund. 

774.  Meetings — Powers  of  Board.]  § 8.  The  board 
of  inspectors  shall  hold  stated  meetings,  and  the  president,  or 
any  two  members  of  said  board,  may  call  special  meetings  by 
notice  to  each  of  the  members  of  said  board,  served  person- 
ally, or  left  at  his  usual  place  of  abode,  and  shall  have  power: 

Fnst.  To  erect,  hire,  or  purchase  buildings  suitable  for 
school-houses,  and  keep  the  same  in  repair. 


School  Board.  365 

Second.  To  buy  or  lease  sites  for  school-houses,  with  the 
necessary  grounds. 

Third.  To  furnish  schools  with  what  they  shall  deem 
necessary  fixtures,  furniture  and  apparatus. 

Fourth.  To  establish,  support  and  maintain  public  schools 
for  all  the  children  of  the  city  and  determine  the  rate  of  taxa- 
tion for  school  purposes,  in  the  manner  hereinafter  provided. 

Fijlh.  To  fix  the  compensation  of  teachers,  and  establish 
rules  respecting  their  qualification,  and  how  the  same  shall  be 
determined. 

Sixth.  To  prescribe  school-books  to  be  used,  and  the 
studies  to  be  taught  in  the  different  schools. 

Seventh.  To  lay  off  and  divide  the  city  into  school  dis- 
tricts, and,  from  time  to  time,  alter  the  same,  or  create  new 
ones,  as  circumstances  may  require. 

Eighth.  To  establish  schools  of  different  grades,  and  such 
rules  and  regulations  for  the  admission  of  pupils  into  the  same, 
having  regard  to  the  ages  and  qualification  of  such  pupils. 

Ninth.  To  appoint  such  other  officers,  committees,  or 
agents,  as  they  shall  deem  best  and  most  conducive  to  the 
well-being  of  the  schools  and  of  education  in  said  city. 

Tenth.  And  generally,  to  have  and  possess  all  the  rights, 
powers  and  authority  necessary  for  the  proper  manage- 
ments of  the  schools,  and  the  fund  belonging  to  the 
city  for  school  purposes,  with  power  to  make  all  such  rules 
and  ordinances  as  may  be  necessary  to  carry  their  powers  and 
duties  into  effect,  and  perfect  a good  system  of  public  instruc- 
tion and  schools  in  said  city. 

775.  Conveyance  of  Real  Estate,]  § 9.  On  the  sale  of 
any  real  estate  made  by  said  board,  they  may,  by  resolution  to 
be  entered  on  the  minutes  of  their  proceedings  by  the  secre-  * 
tary  of  the  board,  authorize  and  empower  the  president  of 


366 


Former  Charter. 


the  board  to  convey  such  real  estate,  by  a good  and  sufficient 
deed  under  his  hand  and  private  seal,  to  the  purchaser  or 
purchasers  thereof;  and  such  deed  duly  acknowledged  by  the 
president  of  the  board  making  the  same,  as  other  deeds  of 
real  estate  are  required  to  be  by  the  laws  of  this  state,  then  in 
force,  concerning  conveyances  by  individuals,*  shall  convey 
real  estate  to  and  vest  all  the  title  and  interest  of  said  board  of 
school  inspectors  therein  in  the  grantee  or  grantees  in  such 
deed  mentioned,  their  heirs  and  assigns,  forever;  and  the  deeds 
of  conveyance  executed  by  the  president  of  such  board  and 
duly  acknowledged  by  him  shall  be  prim  a facie  evidence  of 
his  having  been  duly  empowered  by  the  said  board  to  make 
such  conveyance. 

776.  Annual  Reports — Publication.]  § io.  It  shall  be 
the  duty  of  the  board  of  inspectors  to  make  annual  reports,  at 
the  close  of  each  year,  setting  forth  therein  the  number  of  pub- 
lic schools  in  the  city,  the  number  of  scholars  in  each  school, 
the  several  branches  of  education  pursued  in  each,  the  ex- 
penditures for  each  school,  the  compensation  paid  to  teachers, 
the  condition  of  school-houses,  from  what  source  funds  have 
been  received  for  school  purposes,  and  what  the  condition  of 
such  funds,  what  are  the  accommodations  furnished  for  the 
pupils,  and  making  any  other  statement  and  suggestion  that 
thev  shall  deem  proper  to  aid  the  cause  of  public  schools 
and  of  education  in  the  city.  Said  report  shall  be  made  to 
the  city  council,  and  the  board  shall  also  cause  the  said  report, 
or  such  parts  thereof  as  they  shall  judge  best,  to  be  published  in 
pamphlet  form,  or  in  some  one  or  more  newspapers  published 
in  said  city. 

777,  Compensation  of  Board— of  Treasurer.]  § n. 

No  member  of  the  board  of  inspectors  shall  receive  any  com 
pensation  for  his  attendance  of  the  meetings  of  the  board,  nor 
for  the  performance  of  their  ordinary  duties;  but  for  extraor- 
dinary services  reasonable  compensation  may  be  allowed. 


School  Board. 


367 


The  treasurer  shall  receive  such  compensation  for  receiving 
and  disbursing  money  as  the  board  of  inspectors  shall 
prescribe. 

778.  School  Funds — How  Raised — Limit — To  whom 
Paid.]  § 12.  „ On  or  before  the  first  Tuesday  in  August  of 
each  year  the  board  of  inspectors  shall  determine  the  amount 
of  money  which,  in  their  opinion,  will  be  required  to  be  raised 
by  taxation,  for  the  support  of  the  public  schools  of  the  city 
the  ensuing  year,  and  notify  the  city  council  of  the  rate  of  tax 
to  be  levied  and  collected  for  that  purpose,  as  provided  by  the 
second  clause  of  Chapter  VII  of  this  act,  not  exceeding  the 
percentage  authorized  by  said  clause;  and  the  amount  so  re- 
ported to  the  city  council  shall  be  levied  and  collected  in  the 
same  manner  and  at  the  same  time  as  other  city  taxes,  and 
when  collected  shall  be  paid  over  to  the  treasurer  of  the 
board. 

779.  School  Money — Who  Entitled  to.]  § 13.  No 

school  in  said  city,  or  the  teacher  or  pupils  thereof,  shall  re- 
ceive any  part  of  any  school  fund  belonging  to  the  state  or 
township,  or  any  money  raised  by  taxation,  that  is  not  a public 
school,  as  provided  by  this  act,  and  established  and  maintained 
under  the  authority  and  direction  of  the  board  of  inspectors. 

780.  Schedules — Board  to  Report  to  State  Superin- 
tendent.] § 14.  The  several  teachers  of  said  public  schools 
shall  keep  schedules  of  the  pupils  attending  the  schools,  and 
of  their  attendance,  etc.,  as  is  now  required  or  may  hereafter 
be  required  cf  teachers  of  public  schools  by  law;  and  the  said 
board  of  inspectors  shall  make  return  and  report  to  the  state 
superintendent  of  public  schools  on  all  such  matters  and 
things  as  is  or  shall  be  required  by  law  and  the  direction  of 
such  superintendent  of  any  county  or  township  officers,  and 
shall  make  such  other  reports  as  township  officers  are  or  may 
be  required  to  make  by  virtue  of  any  law  of  this  state. 


368 


Former  Charter. 


781.  Colored  Schools.]  § 15.  The  board  of  school  in- 
spectors may  establish  a school  or  schools  for  the  people  of 
color  in  said  city,  on  such  a basis  and  under  such  rules  and 
regulations  and  restrictions,  as  they  shall  deem  just  and  proper; 
the  expenditures  for  such  schools  to  be  in  no  case  less  than 
the  amount  of  taxes  paid  by  the  colored  population. 

782-  Township  Trustees  of  Schools  Abolished.]  § 16. 

The  office  of  trustees  of  schools  of  township  eight  (8)  north, 
range  eight  (8)  east,  in  Peoria  county,  is  hereby  abolished, 
and  the  board  of  school  inspectors  of  the  city  of  Peoria  shall 
succeed  to  all  the  rights,  powers  and  duties  of  said  trustees, 
and  the  title  to  all  real,  personal  and  mixed  property  hereto- 
fore vested  in  said  trustees  shall  vest  in  said  board  of  school 
inspectors,  with  power  to  sell,  lease  and  dispose  of  the  same. 
The  power  to  cause  to  be  extended,  levied  and  collected  taxes 
for  the  support  of  free  schools,  which  is  now,  or  hereafter  may 
be,  by  the  general  school  laws  of  this  state  vested  in  the  trus- 
tees of  schools,  shall  be,  and  is  hereby,  vested  in  said  board  of 
school  inspectors. 

783.  May  Issue  Bonds — Limit — Interest — Where  Pay- 
able. ] § 17.  For  the  purpose  of  enabling  the  said  board  of 

school  inspectors  to  provide  additional  school  buildings  in  the 
city  of  Peoria,  the  city  council  of  the  city  of  Peoria  are  au- 
thorized to  issue  the  bonds  of  said  city,  from  time  to  time, 
signed  by  the  mayor  and  countersigned  by  the  clerk  of  said 
city,  in  such  sums  and  payable  at  such  times,  not  exceeding 
twenty  years  from  their  date,  and  at  such  place  or  places, with 
semi-annual  interest  coupons  attached,  as  the  said  city  council 
may  deem  proper:  Provided,  that  the  aggregate  amount  of 
such  bonds  to  be  issued,  together  with  those  heretofore  issued 
and  outstanding,  for  the  purposes  herein  mentioned,  shall  not 
exceed  at  anyone  time  one  hundred  and  twenty-five  thousand 
dollars.  All  of  said  bonds  which  may  be  made  payable  in 
the  city  of  Peoria  shall  bear  interest  at  a rate  not  exceeding 
eight  per  cent,  per  annum,  and  those  payable  in  the  city  of 


School  Board. 


369 


New  York,  or  elsewhere  out  of  the  city  of  Peoria,  not  exceed- 
ing seven  per  cent,  per  annum,  payable  semi-annually.  The 
city  council  of  the  city  of  Peoria  shall  provide,  by  ordinance, 
for  the  issuing  of  said  bonds  and  the  delivery  of  them  to  the 
president  of  the  board  of  school  inspectors  of  said  city;  and 
the  proceeds  thereof  shall  be  by  said  board  applied  exclus- 
ively to  the  pui  pose  of  building,  repairing,  enlarging  and  fur- 
nishing school-houses  and  purchasing  sites  therefor  in  said 
city. 

784.  School  Taxes  a Separate  Fund — To  Whom 
Paid — Surplus.]  § 18.  The  tax  which  the  city  council  is 
empowered  to  levy  and  collect  in  pursuance  of  clause  fourth  of 
Chapter  VII  of  this  act,  for  the  purpose  of  paying  the  interest 
and  principal  of  bonds  issued  in  pursuance  of  any  previous 
acts  and  now  outstanding,  or  which  may  hereafter  be  issued 
in  pursuance  of  the  foregoing  section,  shall,  when  collected, 
be  paid  into  the  city  treasury  and  constitute  a separate  and 
distinct  fund,  specially  pledged  to  the  payment  of  the  prin- 
cipal and  interest  of  the  aforesaid  bonds.  If  there  should  be  a' 
surplus  at  any  time,  after  paying  the  interest  of* said  bonds,  or 
redemption  of  any  bonds  issued  by  virtue  thereof,  the  city 
council  may,  in  their  discretion,  order  the  purchase  of  any  of 
said  bonds,  if  they  can  be  purchased  upon  satisfactorv  terms, 
or,  if  no  such  bonds  can  be  purchased,  invest  said  surplus  in 
United  States  securities. 

785.  How  New  Law  May  Change  This  One.]  § 19. 

Any  act  of  the  general  assembly  now  in  force,  or  hereafter  to 
be  enacted,  for  creating  and  enacting  a state  system  of  public 
schools,  shall  not  be  construed  in  any  manner  to  repeal,  alter 
or  change  any  of  the  provisions  of  this  act,  unless  such  act 
shall  specifically  provide  for  such  repeal,  alteration,  or  change. 

786.  Certain  Rights  Perpetuated.]  § 20.  All  prop- 
erty, real,  personal  and  mixed,  belonging  to  or  vested  in  trus- 
tees of  schools  of  township  eight  (8)  north,  range  eight  (8) 

25 


370 


Former  Charter. 


east,  and  board  of  school  inspectors  of  the  city  of  Peoria, 
heretofore  established  by  law,  and  all  rights  and  claims,  legal 
and  equitable,  existing  in  them,  are  hereby  vested  in  the  board 
of  school  inspectors  of  the  city  of  Peoria  created  by  this  act, 
to  be  had,  held  anld  enjoyed  in  as  full  and  ample  a manner  as 
they  were  by  the  former  corporation;  and  all  rules,  regula- 
tions and  appointments  now  in  force,  made  by  the  former 
corporation  and  not  inconsistent  with  this  act,  shall  continue 
in  force  until  changed,  amended  or  annulled  by  the  corpora- 
tion hereby  created,  the  latter  corporation  being  in  all  respects 
the  successor  to  the  rights  and  duties  of  the  former  corpora- 
tion. 

787.  Repeal.]  § 21.  That  an  act  entitled  an  “Act  to 
provide  for  schools  in  township  eight  (8)  north,  range  eight 
(8)  east,  in  Peoria  county,”  approved  March  6th,  1867,  be 
and  the  same  is  hereby  repealed. 


AN  ORDINANCE 

In  Revision  and  Consolidation  of  the  General  Ordinan- 
ces of  the  City  of  Peoria. 


Whereas,  it  is  necessary  that  the  general  ordinances  of  the 
City  of  Peoria  should  be  revised : 

And  Whereas,  it  is  expedient  that  they  should  be  consoli- 
dated and  codified  in  appropriate  chapters,  articles  and  sec- 
tions, and  that  the  whole  should  be  made  concise  and  intelli- 
gible, therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Peoria , as 
follows: 

Chapter  I. 

THE  MAYOR. 

ARTICLE  I. 

Section.  Section.. 

788.  Bond— Office.  792.  Officers — Appointment  of. 

789.  Duties.  793-  Tax  Titles— Conveyance  of. 

790.  Licenses— Issuance  and  Revocation.  794.  Apprehension  of  Criminals — Reward. 

791.  Supervision  of  Officers.  795.  Other  Duties. 


788.  Bond — Office.]  § i.  The  mayor,  before  entering 
upon’the  duties  of  his  office,  shall  take  the  oath  of  office  pre- 
scribed by  law,  and  shall  execute  a bond  to  the  city  of  Peoria 


372 


Ordinances. 


in  the  penal  sum  of  Three  Thousand  dollars  with  such  sure- 
ties as  shall  be  approved  by  the  city  council,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office;  he  shall 
keep  his  office  at  the  city  hall,  or  at  such  other  place  in  the 
city  of  Peoria  as  may  be  provided  by  the  city  council,  and  he 
shall  attend  there  for  the  transaction  of  the  business  of  his 
office. 

789-  Duties.]  § 2.  The  mayor  shall  sign  all  commis- 
sions, licenses  and  permits,  granted  by  authority  of  the  city 
council,  except  as  otherwise  provided,  and  such  other  acts  and 
deeds  as  by  law,  or  ordinance  may  require  his  official  signa- 
ture. 

^ l)j  790.  Licenses,  Issuance  and  Revocation.  | The 

mayor  shall  grant  licenses  for  the  purposes  authorized  by  any 
ordinance  of  the  city,  to  such  persons,  duly  qualified  according 
to  ordinance,  as  he  may  deem  proper,  unless  the  city  council 
shall  otherwise  provide,  and  he  may  revoke  the  same  at  pleas- 
ure. 

791.  Supervision  of  Officers.]  § 4.  The  mayor  shall 
supervise  the  conduct  of  all  the  officers  of  the  city;  examine 
the  grounds  of  all  reasonable  complaints  made  against  any  of 
them,  and  cause  all  their  violations  of  duty  and  other  neglects 
to  be  promptly  corrected,  or  reported  to  the  proper  tribunal 
for  punishment. 

792.  Officers,  Appointment  of]  § 5.  The  mayor  shall 
appoint,  by  and  with  the  advice  and  consent  of  the  city  coun- 
cil, all  officers  whose  appointment  is  not  by  the  laws  of  this 
state,  or  this  ordinance  otherwise  provided  for;  and  whenever 
a vacancy  shall  happen  in  any  office,  which  by  law  he  is  em- 
powered to  fill,  he  shall,  within  thirty  days  after  the  happen- 
ing of  such  vacancy,  communicate  to  said  council  the  name  of 
his  appointee  to  such  office  and,  pending  the  concurrence  of 
the  city  council  in  such  appointment,  the  mayor  may  desig- 
nate some  officer  of  said  city  to  discharge  the  duties  of  such 
office. 


The  Mayor. 


373 


793.  Tax  Titles,  Conveyance  of]  § 6.  The  mayor 
and  city  comptroller,  are  hereby  authorized  and  empowered,  to 
sell  and  convey  any  and  all  lots  and  parcels  of  land  to  which  a 
title  is  held  by  the  city  under  sale  and  conveyance  for  city 
taxes  or  assessment,  upon  such  terms  as  may  be  agreed  upon, 
with  the  consent  of  the  finance  committee  of  the  city  council; 
but,  in  no  case  shall  such  sale  and  conveyance  be  made  for  a 
less  consideration  than  the  amount  of  the  original  purchase 
money  and  subsequent  taxes  paid  by  the  city,  with  interest  at 
the  rate  of  5 per  cent,  per  annum. 

794.  Apprehension  of  Criminals — Reward.]  § 7.  The 

mayor  may,  whenever  he  may  deem  it  necessary,  issue  his 
proclamation  for  the  apprehension  of  any  person,  who  may 
have  committed  a crime  within  the  city  of  Peoria,  and  may, 
in  such  proclamation,  offer  a reward  not  exceeding  Two  Hun- 
dred Dollars,  to  be  paid  out  of  the  city  treasury,  upon  the  cer- 
tificate of  the  mayor  that  the  service  required  has  been  per- 
formed. 

795.  Other  Duties.  J § 8.  In  addition  to  the  above  and 
foregoing,  and  to  the  duties  imposed  upon  him  by  law,  the 
mayor  shall  perform  all  such  other  duties,  pertaining  to  his 
office  as  are,  or  may  be,  required  of  him  by  the  ordinances  of 
said  city. 


374 


Ordinances. 


Chapter  II. 


LEGISLATIVE  DEPARTMENT. 


Article.  Article. 

I.  The  City  Council.  II.  The  City  Clerk. 


ARTICLE  I. 

THE  CITY  COUNCIL. 

Section. 

796.  Meetings. 

797.  Special  Meetings. 

798.  Special  Meetings— Reconsideration  of 

Vote. 

799.  Non-attendance. 


Section. 

800.  Committees. 

801.  Report  of  Committee  — Action  De- 

ferred. 

802.  Attaching  Papers  to  Report. 

803.  Aldermen— Compensation. 


796.  Meeting’s.  § 1.  The  regular  stated  meetings  of 
the  city  council  of  the  city  of  Peoria  shall  be  held  in  the  coun- 
cil chamber,  at  the  city  hall,  or  at  such  other  place  in  the  city 
of  Peoria,  as  the  council  may  provide,  on  the  first  and  third 
Tuesdays  of  each  calendar  month,  except  when  the  time  for 
such  meeting  may  happen  to  be  a public  holiday,  in  which 
case  the  council  shall  meet  on  the  next  day  following;  all  reg- 
ular meetings  of  the  city  council  shall  be  convened  at  7:30 
o’clock  p.  m.,  unless  otherwise  ordered  by  the  council;  and 
adjourned  meeting  may  be  held  for  the  purpose  of  completing 
the  unfinished  business  of  the  regular  meetings  at  such  time, 
or  times,  as  may  be  determined  by  the  council. 

797.  Special  Meetings.]  § 2.  Special  meetinge  of  the 
city  council  may  be  called  by  the  mayor  or  any  three  aider- 
men;  the  call  of  any  such  special  meeting  shall  be  in  writing, 


Legislative  Department. 


375 


signed  by  the  mayor,  or  at  least  three  aldermen,  stating  the 
object  and  purpose  of  such  meeting  and  the  time  of  holding 
the  same,  and  shall  be  filed  with  the  city  clerk;  notice  in  writ- 
ing, stating  the  object  and  purpose  of  such  special  meeting 
and  the  time  and  place  of  holding  the  same,  shall  be  issued  by 
the  city  clerk  under  his  hand,  and  shall  be  served  under  the 
direction  of  the  superintendent  of  the  police  upon  each  mem- 
ber of  the  council,  personally,  or  by  leaving  the  same  at  the 
usual  place  of  abode  of  any  member  not  personally  served; 
but  no  business  shall  be  transacted  at  any  special  meeting,  ex- 
cept such  as  the  meeting  was  called  for  and  notification  given 
thereof. 

798.  Special  Meeting,  Reconsideration  of  Vote.]  § 3. 

No  vote  of  the  city  council  shall  be  reconsidered  or  recinded 
at  any  special  meeting  thereof,  unless  at  such  special  meeting 
there  shall  be  present  as  many  aldermen  as  were  present  when 
such  vote  was  taken. 

799.  Non-attendance.]  § 4.  That  if  any  member  of 
the  city  council  shall  absent  himself  from  any  meeting  of  the 
same,  or  depart  therefrom  before  adjournment  of  any  meeting 
of  the  council,  unless  he  be  excused  by  the  council,  he  shall  be 
subject  to  a deduction  of  his  pay  for  such  meeting. 

800.  Committees.]  § 5.  The  standing  committees  shall 
consist  of  three  members  each,  and  shall  be  appointed  by  the 
city  council,  at  the  first  regular  meeting  of  the  council  in  May 
of  each  year,  or  as  soon  thereafter  as  may  be,  and  shall  be  as 
follows : 

Finance. 

Claims  and  Accounts. 

Streets,  Alleys  and  Bridges. 

Sewers,  Sidewalks  and  Crossings. 

Railroads  and  Harbor. 

Fire  and  Water. 

Police  and  Judiciary. 


376 


Ordinances. 


Public  Grounds  and  City  Property. 

Markets  and  City  Scales. 

Lights  and  Lamps. 

Printing. 

Licences. 

Water  Works. 

801.  Report  of  Committee,  Action  Deferred.  ] § 6. 

Any  report  of  a committee  of  the  city  council  shall  be  deferred, 
for  final  action  thereon,  to  the  next  regular  meeting  of  the  city 
council  after  the  report  is  made,  upon  the  request  of  any  two 
aldermen  present. 

802.  Attaching  Papers  to  Report  ] § 7.  Every  com- 

mittee of  the  city  council,  in  reporting  on  a subject  referred  to 
them,  shall  attach  to  their  report  all  papers  or  documents,  in 
the  possession  of  the  commiitee,  relative  to  the  matters  referred. 

803.  Aldermen,  Compensation.]  § 8.  The  compensa- 
tion to  be  paid  aldermen  for  their  services  is,  hereby,  fixed  at 
the  sum  of  three  dollars  to  each  alderman  for  each  meeting  of 
the  city  council,  actually  attended  by  him  and  no  other  com- 
pensation shall  be  allowed  to  any  alderman  for  any  services 
whatever. 


ARTICLE  II. 

THE  CITY  CLERK. 


Section. 

804.  City  Clerk— Duties  Of. 


804.  City  Clerk — Duties  Of.J  § 1.  The  city  clerk 
shall,  in  addition  to  the  duties  now  imposed  upon  him  by  law, 
perform  the  following  duties: 

1.  He  shall  issue  notices  to  the  members  of  the  city  coun- 
cil, when  directed  by  that  body,  to  the  members  of  the  differ- 
ent committees  of  that  body,  and  to  all  persons  whose  attend- 


Legislative  Department. 


• 377 


ance  will  be  required  before  any  such  committee,  when 
directed  by  the  chairman  thereof;  and  shall,  a; so,  issue  notices 
of  special  meetings. 

2.  He  shall  attest  with  the  corporate  seal  all  the  licenses 
granted  by  the  mayor,  or  the  city  council,  under  the  ordi- 
nances of  the  city. 

3.  He  shall,  without  delay,  deliver  to  the  officers  of  the 
corporation,  and  to  all  committees  of  the  city  council,  all  reso- 
lutions and  communications  referred  to  those  officers,  or  com- 
mittees of  that  body. 

4.  He  shall,  without  delay,  deliver  to  the  mayor  all  or- 
dinances or  resolutions,  under  his  charge,  which  may  re- 
quire to  be  approved  or  otherwise  acted  upon  by  the  mayor, 
with  all  papers  on  which  the  same  were  founded. 

5.  He  shall,  on  the  first  day  of  each  month,  report  to 
the  city  comptroller,  in  writing,  the  name  of  each  alderman, 
the  number  of  meetings  of  the  city  council  held  during  the 
preceding  month,  which  such  aldermen  attended,  and  the 
number  of  meetings  of  the  city  council  held  during  the  pre- 
ceding month  which  such  aldermen  failed  to  attend. 

6.  He  may  appoint  a deputy,  who,  in  the  absence  of  the 
clerk,  in  case  of  sickness  or  otherwise,  shall  be  empowered  to 
perform  all  the  duties  of  the  city  clerk. 

7.  He  shall,  daily,  pay  over  to  the  city  treasurer  all  mon- 
eys received  by  him,  by  or  on  any  account  whatever,  taking 
a receipt  therefor,  and  he  shall  on  the  first  day  of  each  month 
make  a detailed  account  to  the  city  comptroller  of  all  moneys 
received  by  him  during  the  preceding  month,  and  on  what 
account  received  and  shall  file  therewith  tl^e  receipt  of  the 
city  treasurer  for  all  such  moneys. 


378. 


Ordinances. 


Chapter  HI. 

DEPARTMENT  OE  FINANCE. 


Article.  Article. 

I-  Finance— Fiscal  Year.  III.  The  City  Treasurer. 

II.  The  City  Comptroller.  IV.  The  City  Collector. 


ARTICLE  I. 

FINANCE FISCAL  YEAR. 

Section.  Section. 

805.  Department  of  Finance  Created.  807.  Fiscal  Year. 

806.  Department,  How  Composed. 


805-  Department  of  Finance,  Created.]  § i.  There 

is  hereby  established  an  executive  department  of  the  muni- 
cipal government  of  the  City  of  Peoria,  which  shall  be  known 
as  the  Department  of  Finance,  and  which  said  department 
shall  have  control  of  the  fiscal  concerns  of  the  city  in  the  man- 
ner as  hereinafter  provided. 

806.  Department — How  Composed.]  § 2.  Said  de- 
partment of  finance  shall  embrace  the  city  comptroller,  the 
city  treasurer,  and  the  city  collector,  and  such  clerks  and  as- 
sistants as  the  city  council  may,  by  ordinance,  see  fit  to  pre- 
scribe and  establish.  The  comptroller  shall  be  the  head  of 
said. department  and  shall  nave  the  management  of  all  matters 
and  things  pertaining  thereto. 

807.  Fiscal  Year.]  § 3.  The  fiscal  year  of  the  City  of 
Peoria  shall  commence  on  the  first  day  of  January  in  each  and 
every  year,  beginning  the  first  day  of  January,  1892. 


Department  of  Finance. 


379 


ARTICLE  II. 

THE  CITY  COMPTROLLER. 


Section. 

808.  Comptroller— Office  Created— Term. 

809.  Comptroller — Appointment  of. 

810.  Comptroller’s  Bond. 

811.  Comptroller’s  Clerks. 

812.  Comptroller’s  Clerks — Bonds. 

813.  Comptroller’s  Duties. 

814.  Records,  To  Be  Kept. 

815.  Settlement  of  Claims. 

816.  Claims — Verification. 

817.  Warrants— Record. 

818.  Appropriation  Exhausted— Report. 

819.  Unexpended  Appropriations. 


Section. 

820.  Comptroller’s  Accounts — Records. 

821.  Public  Improvements — Contracts. 

822.  Sales— Special  Tax  or  Assessment. 

823.  Licenses— Register. 

824.  Monthly  Statements  of  Moneys  Received 

and  Expended,  to  be  Made  to. . 

825.  Monthly  Statement. 

826.  Annual  Statement— Contents. 

827.  Estimates  of  Annual  Appropriations. 

828.  Annual  Settlement. 

829.  Expiration  of  Office — Delivery  of  Books, 

Etc.,  to  Successor. 


808.  Comptroller — Office  Created — Term.]  § 1.  There 
is  hereby  created  the  office  of  city  comptroller,  who  shall  hold 
his  office  for  the  term  of  two  years,  and  until  his  successor 
shall  be  appointed  and  qualified. 

809.  Comptroller — Appointment  of.J  , § 2.  The  city 
comptroller  shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Tuesday  in 
May,  1892,  or  as  soon  thereafter  as  may  be,  which  appoint- 
ment shall  be  for  the  term  of  one  year,  and  until  his  successor 
is  appointed  and  qualified;  and  thereafter  the  appointment 
shall  be  made  on  the  first  Tuesday  in  May,  1893,  or  as  soon 
thereafter  as  may  be,  and  biennially  thereafter. 

810.  Comptroller’s  Bond.]  § 3.  Said  comptroller  be- 
fore entering  upon  the  duties  of  his  office  shall  take  the  oath 
or  affirmation  prescribed  by  law  for  city  officers,  and  shall 
execute  a bond  to  the  city  of  Peoria  in  the  penal  sum  of 
twenty-five  thousand  dollars,  with  such  sureties  as  the  city 
council  shall  approve,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

811.  Comptroller’s  Clerks.]  § 4.  The  comptroller  shall 
appoint  such  assistants,  clerks  and  subordinates  as  the  city 


3§° 


Ordinances. 


council  may  authorize,  and  shall  be  held  .responsible  for  the 
fidelity  of  the  persons  so  appointed  by  him,  and  may  remove 
them  at  his  pleasure. 

812.  Comptroller’s  Clerks — Bonds.]  § 5.  Said  comp- 
troller shall  require  good  and  sufficient  bonds  to  be  given  by 
all  such  assistants,  clerks  and  employees  in  his  office,  who 
shall  receive,  or  have  the  care,  custody  or  handling  of  any 
moneys  or  other  valuable  things  belonging  to  the  city  of 
Peoria,  which  said  bonds  shall  be  approved  by  the  mayor. 

813.  Comptroller’s  Duties.]  § 6.  Said  comptroller 
shall- be  charged  with,  and  shall  exercise  a general  supervi- 
sion over  all  the  officers  of  the  city,  charged  in  any  manner 
with  the  receipt,  collection  or  disbursement  of  the  city  reve- 
nues, and  the  collection  and  return  of  such  revenues  into  the 
city  treasury.  He  shall  be  the  fiscal  agent  of  said  city,  and, 
as  such,  shall  have  charge  of  all  deeds,  mortgages,  contracts, 
judgments,  notes,  bonds,  debts  and  choses  in  action,  belong- 
ing to  said  city,  except  such  as  are  directed  by  law  or  ordin- 
ance to  be  deposited  elsewhere;  and  shall  possess  and  care- 
fully preserve  all  assessment  warrants  and  the  return  thereof 
made  by  any  collector  or  receiver  of  assessments,  or  special 
taxes,  .and  all  leases  of  markets,  wharfing  privileges,  and 
other  property  of  said  city.  Pie  shall  have  supervision  over 
the  city  debts,  contracts,  bonds,  obligations,  loans  and  liabili- 
ties of  the  city,  the  payment  of  the  interest,  and  over  all  the 
property  of  the  city,  and  the  sale  or  disposition  thereof,  and 
generally,  in  subordination  to  the  mayor  and  city  council,  to 
exercise  supervision  over  all  such  interests  of  said  city  as,  in 
any  manner,  may  concern  or  relate  to  the  city  finances,  reve- 
nues and  property. 

814.  Records — To  be  Kept.]  § 7.  Said  comptroller 
shall,  under  the  direction  of  the  mayor  and  finance  committee 
of  the  city  council,  open  and  keep,  in  a clear  and  methodical 
manner,  a complete  set  of  books,  wherein  shall  be  stated, 


Department  of  Finance. 


381 


among  other  things  the  appropriations  of  the  year  for  each 
distinct  object  and  branch  of  expenditure,  and,  also,  the  re- 
ceipts from  each  and  every  source  of  revenue,  so  far  as  can 
be  ascertained.  Said  books,  and  all  papers,  vouchers,  con- 
tracts, bonds,  receipts  and  other  things  kept  in  his  office  shall 
be  subject  to  the  examination  of  the  mayor,  the  members  of 
the  city  council,  or  any  committee  or  committees  thereof. 

815.  Settlement  of  Claims.]  § 8.  Said  comptroller 
shall  revise  and  audit  all  accounts  or  claims  allowed  by  the 
city  council  in  which  the  corporation  is  concerned,  either  as 
debtor  or  creditor,  where  provision  for  their  adjustment  is  not 
otherwise  made  and  provided  for  by  law  or  ordinance;  and  he 
shall  draw  his  warrant  in  due  form  upon  the  city  treasurer 
therefor.  But  if,  upon  the  examination  of  any  such  account 
or  claim,  he  shall  have  reason  to  doubt  its  correctness,  it  shall 
be  his  duty  to  submit  the  same  to  the  finance  committee  for 
its  decision  thereon,  or  else  make  report  thereof  to  the  city 
council. 

816.  Claims — Verification.]  § 9.  In  making  such  ad- 
justments and  settlements,  said  comptroller  shall  be  authorized 
to  require  any  claimant,  or  claimants,  to  file  with  him  a state- 
ment, in  writing,  under  oath,  as  to  any  fact,  matter  or  thing, 
concerning  the  correctness  of  any  account,  claim  or  demand 
presented  against  the  city. 

817.  Warrants — Record.]  § 10.  Said  comptroller  shall 
keep  in  a suitable  book,  an  accurate  list  of  all  warrants  drawn 
upon  the  city  treasurer,  showing  the  date,  number  and  amount 
of  each,  the  name  of  the  person  in  whose  favor  drawn,  and 
the  fund  out  of  which  each  warrant  is  made  payable;  and  he 
shall  take  the  receipt  of  every  person  for  the  warrant  upon 
the  delivery  thereof.  All  warrants  drawn  upon  the  treasurer 
shall  be  signed  by  the  mayor  and  counter-signed  by  the  comp- 
troller, and  shall  specify  therein  the  particular  fund  or  appro- 


3§2 


Ordinances. 


priation  to  which  the  same  is  chargeable,  and  the  person  to 
whom  payable;  and  no  money  shall  be  otherwise  paid  than 
upon  such  warrants  so  drawn. 

818.  Appropriation  Exhausted — Report.]  § n.  When- 
ever any  appropriation  or  fund  is  exhausted,  the  comptroller 
shall,  without  delay,  notify  the  city  council  thereof,  and  he 
shall  not  thereafter  draw  any  warrant  against  such  fund  or 
appropriation  until  the  same  shall  be  renewed. 

819.  Unexpended  Appropriations.]  § 12.  It  shall  be 
the  duty  of  said  comptroller  to  transfer  and  place  to  the  credit 
of  the  general  fund  all  unexpended  balances  of  appropriations 
remaining  at  the  close  of  each  fiscal  year:  Provided , that  no 
such  transfer  shall  be  made  or  disposition  ordered  of  any  trust 
fund,  or  any  fund  arising  from  special  assessment  or  special 
taxation,  nor  in  cases  where  contracts  have  been  made  or  lia- 
bilities incurred  on  account  of  any  such  appropriations  and  re- 
main uncompleted  or  unpaid  at  the  close  of  the  fiscal  year,  nor 
of  jjny  fund  created  for  any  special  purpose  or  the  payment 
of  any  liability  exclusively  provided  for  by  taxation. 

8 20.  Comptroller’s  Accounts — Records.]  § 13.  Said 
comptroller  shall  keep  a detailed  account  of  the  city  revenue, 
and  of  each  separate  fund,  crediting  the  same  with  all  receipts 
pr  appropriations,  and  charging  it  with  all  warrants  drawn 
thereon,  and  he  shall  charge  each  warrant  to  the  fund  or  ap- 
propriation against  which  it  is  drawn.  He  shall  also  keep  an 
accurate  account  of  all  debts  due  from  or  owing  to  the  city, 
and  he  shall  keep  a book  in  which  he  shall  enter  a correct  list 
of  all  bonds,  notes  or  other  obligations  given  by  or  payable  to 
said  city,  with  the  date  thereof,  the  person  to  whom  payable, 
the  person  to  whom,  or  by  whom,  payable,  the  rate  of  interest, 
the  time  and  manner  in  which  the  principal  and  interests  are 
payable,  and  such  other  particulars  as  may  be  necessary  to 
the  full  understanding  thereof;  and  when  any  city  bonds  are 
surrendered,  cancelled  or  paid,  said  book  shall  show  the  fact; 


Department  of  Finance. 


383 


and  in  his  annual  report  to  the  city  council,  the  comptroller 
shall  describe  particularly  the  bonds  sold,  exchanged  or  re- 
deemed during  the  fiscal  year,  and  give  an  itemized  state- 
ment of  the  expense  thereof. 

821.  Public  Improvements — Contracts.]  § 14.  Said 
comptroller  shall  keep,  in  his  office,  a correct  list  of  all  public 
improvements  ordered  by  the  city  council,  and  let  under  con- 
tract by  the  city;  and  all  contracts  and  specifications  therefor 
made  by  authority  of  the  city  council,  or  by  any  officer  of  the 
corporation  pursuant  thereto,  in  relation  to  such  improve- 
ments, shall  be  filed  in  the  comptroller’s  office;  and  no  such 
contract  shall  be  valid  unless  countersigned  by  said  comp- 
troller. 

822.  Sales — Special  Tax  or  Assessments.]  § 15.  Said 
comptroller  shall  attend  all  sales  of  real  estate  in  said  city, 
made  under  proceedings  in  the  county  court  of  Peoria  county, 
to  enforce  the  collection  of  any  special  tax  or  assessment,  levied 
and  assessed  by  ordinance  of  the  city  council,  for  any  public 
improvement,  and  to  bid  at  such  sales  on  behalf  of  the  city. 

823-  Licenses — Register.]  § 16.  All  licenses,  when 
issued,  shall  be  presented  to  the  comptroller,  who  shall  coun- 
tersign the  same,  and  shall  enter,  without  fee,  in  a book  to  be 
kept  by  him  for  that  purpose,  the  name  of  each  person 
licensed,  for  what  purpose  licensed,  thg  date  and  number  of 
the  license,  the  amount  paid  for  the  same,  and  the  time  of  the 
expiration  thereof. 

824.  Monthly  Statements  of  Moneys,  Received  and 
Expended,  to  be  Made  to.]  § 17.  Said  comptroller  shall 
require  all  officers  charged,  in  any  manner,  with  the  receipt 
collection  or  disbursement  of  the  city  revenues,  to  make 
monthly  statements  in  writing,  under  oath,  showing  in  detail 
all  such  receipts,  collections  and  disbursements,  and  file  the 
same  in  the  office  of  said  comptroller;  and  whenever  any  offi- 


384 


Ordinances. 


cer  shall  refuse  or  neglect  to  make  such  report  or  adjust  his 
accounts,  whenever  so  required  by  the  comptroller,  and  pay 
over  to  the  proper  officer  any  moneys  in  his  possession  be- 
longing to  the  city,  said  comptroller  shall  cause  a notice  in 
writing  to  be  served  upon  such  officer  and  bis  sureties,  de- 
manding a settlement  of  his  accounts,  forthwith;  and,  in  case, 
of  the  refusal  or  neglect  of  such  officer,  for  a period  of  five 
days  after  said  notice,  to  make  such  settlement  and  pay  over 
said  moneys,  said  comptroller  shall  report  such  officer  to  the 
mayor,  who  shall  immediately  remove  him  from  office;  and 
proceedings  for  the  recovery  of  any  moneys  due  the  city  shall 
be,  at  once,  instituted  against  such  delinquent  and  his  sureties. 

825.  Monthly  Statement.]  § 18.  Said  comptroller 

shall,  on  or  before  the  first  day  in  each  and  every  month, 
make  and  submit  to  the  city  council  a statement  or  report,  in 
writing,  of  all  moneys  received  and  warrants  drawn  by  him 
during  the  preceding  month,  showing  therein  from  what 
sources  and  on  what  account  said  moneys  were  received,  and 
for  what  purpose  and  on  what  account  said  warrants  were 
drawn,  and  the  unexpended  balances  to  the  credit  of  each  fund. 

826.  Annual  Statement — Contents.]  §19.  Said  comp- 
troller shall,  on  or  before  the  first  day  of  February  in  each 
year,  make  an  annual  report  to  the  city  council,  giving  a 
detailed  statement  of  all  the  receipts  and  revenues  of  said  ciry 
during  the  preceding  £scal  year.  Said  report  shall  also  detail 
the  resources  and  liabilities  of  the  city,  the  condition  of  all 
unexpended  appropriations  and  contracts  uncompleted,  the 
balance  of  money  then  remaining  in  the  treasury,  with  all 
sums  due  and  outstanding;  the  names  of  all  persons  who  may 
have  become  defaulters  to  the  city  and  the  amount  of  such 
default,  and  all  other  matters  necessary  to  exhibit  the  * true 
financial  condition  of  the  city. 

827.  Estimates  for  Annual  Appropriations.]  § 20. 

Said  comptroller  shall  on  or  before  the  first  day  of  February 
in  each  year,  and  before  the  annual  appropriations  are  made 


Department  of  Finance. 


385 


by  the  city  council,  submit  to  said  council  a statement  of  his 
estimates  as  nearly  as  may  be,  of  the  moneys  necessary  to  defray 
the  expenses  of  the  corporation  during  the  current  fiscal  year. 
He  shall,  in  said  report,  classify  the  different  objects  and 
branches  of  expenditure,  giving  the  amount  required  for  each, 
as  nearly  as  may  be,  and  for  the  purpose  of  making  such 
report  all  city  officers  shall,  at  the  close  of  each  fiscal  year, 
make  statements  to  said  comptroller  of  the  condition  and  ex- 
penses of  their  respective  offices  or  departments,  with  any  pro- 
posed improvements  and  the  probable  expenses  thereof,  and 
of  all  contracts  made  and  uncompleted  and  the  amount  of  any 
and  all  unexpended  appropriations.  He  shall  also  in  such 
report  show  the  aggregate  income  of  the  preceding  year 
from  all  sources,  the  amount  of  liabilities  outstanding  upon 
which  interest  is  to  be  paid,  the  bonds  and  debts  payable  dur- 
ing the  year,  when  due  and  when  payable,  and  he  shall  give 
therein  such  other  information  to  the  city  council  as  he  may 
deem  necessary,  to  the  end  that  said  council  may  fully  under- 
stand the  money  exigencies  and  demands  upon  the  city  for  the 
current  year. 

828.  Annual  Settlement.]  § 21.  The  comptroller  and 
the  finance  committee  shall  meet  annually  upon  the  close  of 
each  fiscal  year,  and  examine  and  compare  the  reports  and 
statements  made  by  the  comptroller  and  treasurer  and  other 
city  officers,  and  shall  report  thereon  to  the  city  council. 

829.  Expiration  of  Office — Delivery  of  Books,  Etc.,  to 
Successor.]  § 22.  Upon  the  expiration  of  his  term  of  office 
or  his  resignation  thereof,  or  removal  therefrom,  the  city  comp- 
troller shall  deliver  to  his  successor  in  office  all  property, 
books,  records,  papers  and  effects  of  every  description  in  his 
possession  belonging  to  the  city  or  appertaining  to  his  said 
office. 


26 


386 


Ordinances. 


ARTICLE  III. 

THE  CITY  TREASURER. 

Section. 

830.  Treasurers’  Bond. 

831.  Treasurers’  Assistants 

832.  Assistants’  Bonds. 

833.  Duties. 


Section. 

834.  Register  and  Cancel  Warrants. 

835.  Report  of  Defalcation. 

836.  Books  of  Account. 

837.  Annual  Report. 


830.  Treasurer’s  Bond.J  § i.  The  city  treasurer  be- 
fore he  enters  upon  the  duties  of  his  office,  shall  execute  a 
bond  to  the  city  of  Peoria  in  the  penal  sum  of  not  less  than 
the  amount  of  the  estimated  city  tax  and  special  assessments 
for  the  current  year,  with  at  least  two  good  and  sufficient  sure- 
ties, to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  his  duties  as  treasurer,  and  the  pay- 
ment of  all  moneys  received  by  him,  according  to  law  and  the 
ordinances  of  said  city. 

831.  His  Assistants.]  § 2.  He  shall  appoint  all  assist- 
ants, clerks  and  subordinates  employed  in  his  office,  and  may 
remove  them  at  his  pleasure. 

832.  Assistants’  Bonds.]  § 3.  It  shall  be  the  duty  of 
said  treasurer  to  require  good  and  suffiicient  bonds  to  be  given 
by  all  assistants  and  clerks  in  his  office,  who  shall  receive,  or 
have  the  care,  custody,  or  handling  of  any  moneys  or  other 
valuable  thing  belonging  to  the  city,  which  said  bonds  shall  be 
approved  by  the  mayor. 

833.  Duties.]  § 4.  Said  treasurer  shall  receive  all 
moneys  belonging  to  the  corporation  and  shall  keep  a separate 
account  of  each  fund  or  appropriation,  and  the  debits  and 
credits  belonging  thereto,  he  shall  render  at  the  end  of  each 
and  every  month,  and  oftener,  if  required,  a statement,  under 
oath,  to  the  comptroller,  showing  the  state  of  the  treasury  at 
the  date  of  such  account,  and  the  balance  of  the  money  in  the 
treasury.  Said  statement  shall  set  forth  all  moneys  received 
by  him,  and  from  whom  and  on  what  account  they  shall  have 


Department  of  Finance. 


387 


been  received;  also,  of  all  moneys  paid  out  by  him,  and  on 
what  account  they  shall  have  been  paid  out,  and  he  shall  file 
with  such  statement  in  the  comptroller’s  office  all  vouchers 
for  such  payments. 

834.  Register,  and  Cancel  Warrants.]  § 5.  Said 

treasurer  shall  keep  an  accurate  register  of  all  warrants 
redeemed  and  paid  by  him,  showing  the  number,  date  and 
amount  of  each,  the  fund  from  which  paid,  and  the  name  of 
the  person  to  whom  and  when  paid;  and  he  shall  cancel  all 
warrants  as  soon  as  redeemed  by  him. 

835.  Report  of  Defalcation.]  § 6.  He  shall  report  to 
the  comptroller  any  officer  authorized  to  receive  money,  who 
may  fail  to  make  a return  of  the  moneys  received  by  him,  at 
the  time  required  by  law,  or  by  the  ordinances  of  the  city. 

836.  Books  of  Account.]  § 7.  Said  treasurer  shall 
cause  to  be  kept  books  of  account,  in  such  manner  as  to  show 
with  entire  accuracy,  all  moneys  received  by  him,  from  whom 
received  and  on  what  account;  and  of  all  moneys  paid  out  by 
him,  and  to  whom  and  on  what  account  they  shall  have  been 
paid;  and  in  such  manner  that  said  books  may  be  readily 
understood  and  investigated;  which  books  and  all  papers  and 
files  of  said  office  shall  be  at  all  times  open  to  the  examination 
of  the  comptroller,  the  finance  committee,  or  any  member  of 
the  city  council. 

837.  Annual  Report.]  § 8.  Said  treasurer  shall,  an- 
nually, upon  the  close  of  each  fiscal  year,  make  out  and  file 
with  the  city  comptroller  a full  and  detailed  report  of  all  re- 
ceipts and  expenditures  of  the  corporation,  as  shown  by  his 
books,  and  of  all  his  transactions  as  such  treasurer  during  the 
preceding  fiscal  year,  and  he  shall,  in  such  report,  show  the 
state  of  the  city  treasury  at  the  close  of  the  fiscal  year,  which 
report  the  comptroller  shall  cause  to  be  published  without 
delay. 


388 


Ordinances. 


ARTICE  IV. 

THE  CITY  COLLECTOR. 


Section. 

838.  Collector-Office  Created. 

839.  Collector— Appointment  of. 

840.  Collector’s  Bond. 

841.  Duties. 


Section. 

842.  Daily  Payment  to  Treasurer. 

843.  Monthly  Statement. 

844.  Books  of  Account. 


838.  Collector — Office  Created.]  § 1.  There  is  hereby 
created  the  office  of  city  collector  of  special  taxes  and  special 
assessments. 

839.  Collector — Appointment  of.]  § 2.  The  city  col- 
lector shall  be  appointed  by  the  mayor,  by  and  with  the  advice 
and  consent  of  the  city  council,  on  the  first  Tuesday  in  July, 
1892,  and  annually  thereafter,  who  shall  hold  his  office  until 
his  successor  is  appointed  and  qualified. 

840.  Collector’s  Bond.]  § 3.  Said  collector  shall,  be- 
fore entering  upon  his  duties  as  collector,  execute  a bond,  with 
at1  least  two  sureties  to  be  approved  by  the  city  council,  in 
double  the  amount  of  the  special  assessments  and  special  taxes 
to  be  collected  by  him,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office. 

841.  Duties.]  § 4.  He  shall  execute  all  special  assess- 
ments and  other  warrants,  which  by  law  and  the  ordinances  of 
said  city  may  be  executed  by  such  collector,  and  shall  perform 
such  other  duties  as  now  are,  or  may,  hereafter,  be  imposed 
upon  him  by  law  or  the  ordinances  of  the  city. 

842.  Daily  Payment  to  Treasurer,]  § 5.  He  shall, 

each  and  every  day,  pay  over  to  the  city  treasurer  all  moneys 
collected  by  him  from  any  source  whatsoever,  taking  such 


Department  of  Finance. 


389 


treasurer’s  receipt  therefor,  which  receipt  he  shall  immediately 
file  with  the  city  comptroller,  who  shall,  at  the  same  time,  or 
on  demand,  give  such  collector  a copy  of  any  such  receipt  so 
filed. 

843.  Monthly  Statement.  ] § 6.  He  shall  furnish  and 

file  with  the  comptroller  a monthly  statement  of  all  moneys 
received  by  him,  and  from  whom,  and  on  what  account  they 
shall  have  been  paid. 

844.  Books  of  Account.]  § 7.  It  shall  be  the  duty  of 
the  city  collector,  under  the  direction  and  supervision  of  the 
city  comptroller,  to  keep  books  and  accounts,  which  shall 
show  all  receipts  and  moneys  received  by  him  and  other  mat- 
ters pertaining  to  his  office;  such  books  and  accounts  to  be 
kept  in  a clear,  intelligible  and  methodical  manner. 


39° 


Ordinances. 


Chapter  IV. 

DEPARTMENT  OF  PUBLIC  WORKS. 


Article.  Article. 

I.  Commissioner  of  Public  Works.  III.  Superintendent  of  Streets. 

II.  City  Engineer. 

ARTICLE  I. 

COMMISSIONER  OF  PUBLIC  WORKS. 


Section. 

845.  Department  Created. 

846.  Office  of  Commissioner,  Created. 

847.  Appointment — Term. 

848.  Qualifications. 

849.  Bond  and  Oath. 

850.  Powers— Appointment  of  Clerks,  Etc. 

851.  Assistants  and  Employes. 

852.  .Duties. 

853.  Duties. 

854.  Expenditures— Control  of. 

855.  Expenditures  Certified  to  City  Council 

— When. 

856.  Improvements  by  Special  Assessment 

— Certified  to  Council. 

857.  Improvements — Commissioner  to  Con- 

trol. 

858.  Plans,  Etc.,  of  Improvements. 

859.  Contracts— How  Let. 

860.  Contracts— Advertisement  for  Bids. 

861.  Bids  for  Contracts — How  Made. 

862.  Contracts  of  $500  and  Less — How  Let. 

863.  Contracts— How  Executed, 

864.  Contractors’  Bonds. 

865.  Contracts  and  Bonds— Execution— Ap- 

proval. 

866.  Streets,  Etc.— Cleaning  of— Who  to 

Control, 

867.  Contracts  For— How  Let. 

868.  Contract— Bond. 

869.  Contracts — When  Authorized— Emer- 

gency. 

870.  Contracts — Rights  Reserved. 

871.  Contracts  — Estimates  on— Per  cent. 

Reserved. 

872.  Contracts  Based  on  Special  Assess- 

ments—Condition. 


Section. 

873.  Contractor’s  Default. 

874.  Contracts— Provisions  of— Contractor’s 

Liability. 

875.  Contractor’s  Bond  of  Indemnity. 

876.  Contract— Forfeiture— Per  cent.  Re- 

served. 

877.  Contracts— Violation  of— Penalty. 

878.  Notice— Default — Pay  to  Workmen. 

879.  Contractor’s  Bonds  — Statement  of 

Sureties. 

880.  Bonds  and  Statements  of  Sureties  to 

be  Kept. 

881.  Bonds,  Etc. — Where  to  be  Filed. 

882.  Sureties— Qualification  of. 

883.  Contracts— City  Officer  Interested — 

Voidable. 

884.  Annual  Report  to  City  Council. 

885.  Annual  Report  to  Comptroller. 

886.  Books  of  Account. 

887.  Custody  of  Sewers,  Etc. 

888.  Sewers— Connection  With— Permit. 

889.  Connection  Without  Permit — Penalty. 

890.  Connection — How  Authorized. 

891.  Sewers— Rights  Reserved. 

892.  Sewer  Connections— Commissioner  to 

Grant  Permits  For. 

893.  Deposit  Cost  of  Repairing— Engineer’s 

Estimate. 

894.  Engineer — When  to  Make  Estimate. 

895.  Engineer’s  Fees  For  Estimate. 

896.  Record  of  Permits. 

897.  Special  Funds— How  Paid  Out. 

898.  Further  Reports  of  Commissioner. 

899.  Rules  and  Regulations  of  Department. 


845.  Department  Created.]  § i.  There  is  hereby  es- 
tablished an  executive  department  of  the  municipal  govern- 
ment of  the  City  of  Peoria,  which  shall  be  known  as  the 


Department  of  Public  Works.  391 

Department  of  Public  Works,  and  shall  embrace  the  commis- 
sioner of  public  works,  the  city  engineer,  and  superintendent 
of  streets. 

846.  Office  of  Commissioner  Created.]  § 2.  There  is 
hereby  created  the  office  of  commissioner  of  public  works,  and 
the  person  appointed  to  such  office  shall  be  known  and  desig- 
nated as  the  “Commissioner  of  Public  Works,”  who  shall  be 
the  head  of  said  department  of  public  works,  and  shall  hold 
his  office  until  the  appointment  and  qualification  of  his  suc- 
cessor. 

847.  Appointment — Term.]  § 3.  The  commissioner 
of  public  works  shall  be  appointed  by  the  mayor,  by  and  with 
the  advice  and  consent  of  the  city  council,  at  the  first  regular 
meeting  of  said  council,  in  the  month  of  May,  1892,  or  as  soon 
thereafter  as  may  be,  which  appointment  shall  be  for  the  term 
of  one  year,  and  until  his  successor  is  appointed  and  qualified, 
and  thereafter  such  appointment  shall  be  made  at  the  first  reg- 
ular meeting  of  said  council  in  May,  1893,  or  as  soon  there- 
after as  may  be,  and  biennially  thereafter. 

848.  Qualifications.]  § 4.  No  person  shall  be  eligible 
to  appointment  to  the  office  of  commissioner  of  public  works 
who  has  not  at  the  time  of  his  appointment  thereto,  been  a 
resident  and  qualified  voter  of  said  city  for  a period  of  five 
years  next  preceding  such  appointment,  and  he  shall  during 
his  term  of  office  as  such  commissioner  hold  no  other  public 
salaried  office. 

849.  Bond  and  Oath.  | § 5.  Said  commissioner  before 

entering  upon  the  duties  of  his  office,  shall  execute  a bond  to 
the  City  of  Peoria,  in  the  sum  of  twenty-five  thousand  dollars, 
with  two  or  more  sureties,  to  be  approved  by  the  city  council, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  and  take  and  subscribe  the  oath  prescribed  by  law  for 
city  officers. 


392 


Ordinances. 


850.  Powers,  Appointment  of  Clerks,  Etc.J  § 6.  He 

shall  have  the  management  and  control  of  all  matters  and 
things  pertaining  to  said  department  of  public  works.  He 
shall  have  the  appointment  and  removal  of  all  clerks  and  as- 
sistants in  his  said  office,  that  the  city  council  may  authorize 
him  by  ordinance  and  resolution  to  employ,  and  at  such  salary 
as  the  council  may  prescribe. 

851.  Assistants  and  Emplsyes.  | § 7.  Said  commis- 

sioner shall  be  responsible  to  the  City  of  Peoria  for  the  faith- 
ful performance  of  duty,  of  all  clerks  and  assistants  in  his 
employ,  and  for  any  violation  of  duty  in  the  management  or 
control  of  any  matters  or  things  pertaining  to  said  department, 
for  which  any  of  said  clerks  or  assistants  are  responsible,  by 
reason  whereof  the  City  of  Peoria  is  rendered  liable.  The 
official  bond  of  said  commissioner  shall  be  so  conditioned  as 
to  save  and  indemnify  said  city  against  such  liability. 

852-  Duties.]  § 8.  Said  commissioner  shall  have  charge 
of  all  public  improvements  commenced,  or  to  be  commenced 
by  said  city,  and  of  all  improvements  by  special  assessments, 
and  shall  have  power,  subject  to  the  ordinances  of  the  city,  to 
regulate  and  control  the  manner  of  using  the  streets,  alleys, 
highways,  parks  and  public  places  of  the  city  for  the  erection 
and  location  of  telegraph,  telephone,  electric  light  or  other 
poles  or  posts,  for  the  laying  down  of  gas,  water  or  steam 
pipes  and  sewers,  authorized  by  law  or  the  ordinances  of  the 
city,  and  to  determine  the  location  thereof,  and  to  cause  the 
prompt  repair  of  the  streets,  alleys,  highways  or  other  public 
places,  wherever,  for  any  cause,  the  same  are  taken  up,  or 
become  in,  an  unsafe  or  unsuitable  condition. 

853.  Duties.]  § 9.  It  shall  be  the  duty  of  said  com- 
missioner of  public  works,  subject  to  the  provisions  hereof 
and  the  ordinances  of  the  city,  to  take  special  charge  and 
superintendence  of  all  streets,  alleys,  lanes  and  highways  in 
the  City  of  Peoria,  and  of  all  sidewalks  and  crossings, 


Department  of  Public  Works.  393 

bridges,  viaducts,  docks,  wharves,  public  grounds  and  parks 
belonging  to  the  city,  and  of  the  erection  of  all  public  build- 
ings by  the  city,  and  of  the  lighting  of  the  streets,  alleys  and 
public  buildings  of  the  city,  and  of  all  sewers  and  works  per- 
taining thereto. 

854.  Expenditures — Control  of.)  § 10.  Said  commis- 
sioner shall  control  and  direct  all  expenditures  to  be  made  by 
the  board  of  public  works;  shall  sign  and  draw  his  requisition 
upon  the  comptroller  for  the  payment  of  all  bills  and  accounts 
therefor,  which  are  correct,  and  which  are  duly  certified  by 
the  superintendent,  under  whose  supervision  the  expenditure 
was  incurred. 

8 >5.  Expenditures  Certified  to  Council — When  ] § n. 

It  shall  be  the  duty  of  said  commissioner  of  public  works,  on 
or  before  the  first  day  of  February  annually,  to  certify  under 
oath  to  the' city  council  all  expenditures  incurred  in  said  de- 
partment of  public  works  for  public  improvements,  paid  out 
ot  the  general  corporate  fund  of  the  city,  for  the  previous  year, 
and  to  state  in  detail  for  what  purposes  such  expenditures 
were  made,  and  to  also  certify  the  amount  and  for  the  differ- 
ent purposes  of  all  public  improvements,  payable  out  of  such 
fund  ordered  by  the  city  council  for  the  current  year. 

856.  Improvements  by  Special  Assessment  Certified 

to  Council.]  § 12.  Whenever  any  public  improvement 

shall  be  ordered  by  the  city  council,  the  cost  of  which  is  to  be 
paid  for  by  special  assessment,  it  shall  also  be  the  duty  of  the 
commissioner  of  public  works  to  certify  in  like  manner  as  pro- 
vided in  the  foregoing  section,  the  amount  of  the  cost  of  such 
public  improvement  assessed  against  the  city,  and  payable  out 
of  the  general  fund. 

857.  Improvements — Commissioner  to  Control  ] §13. 
The  commissioner  of  public  works  shall  have  special  superin- 
tendence of  all  public  improvements  ordered  to  be  made  by 
the  city  council,  the  cost  of  the  making  of  which  is  to  be 


394 


Ordinances 


met  by  special  assessment,  or  by  special  taxation,  or  both, 
of  contiguous  property,  or  by  general  taxation,  or  otherwise, 
as  prescribed  by  the  ordinance  directing  the  making  of  any 
such  improvement. 

858.  Plans,  Profile  and  Specification  of  Improvements.] 

§ 14.  Whenever  any  public  improvement  shall  be  ordered 
by  the  city  council,  a plan  or  profile  of  such  public  improve- 
ment, accompanied  with  specifications  for  doing  of  the  same 
as  prescribed  by  the  ordinance  of  the  city  council  ordering 
such  improvement,  shall  be  made  and  placed  on  file  in  the 
office  of  the  commissioner  of  the  department  of  public  works, 
which  said  plan,  profile  and  specifications  shall,  at  all  times,  be 
open  for  public  inspection  in  said  office,  and  no  contract  shall 
be  let  for  the  making  of  any  public  improvement  except  in  the 
manner  prescribed  in  these  ordinances. 

859.  Contracts — How  Let.]  § 15.  All  contracts  for 
the  making  of  any  public  improvement,  where  the  expense 
thereof  shall  exceed  the  sum  of  five  hundred  dollars,  shall  be 
let  to  the  lowest  responsible  bidder,  after  advertising  the  same, 
such  contracts  to  be  approved  by  the  mayor;  Provided,  how- 
ever, that  no  advertisement  shall  be  made  for  bids  for  the  mak- 
ing of  any  such  public  improvement,  until  the  expiration  of 
five  days  from  the  date  of  filing  plans,  profile  and  specifications 
in  the  office  of  the  commissioner  as  hereinbefore  required,  and, 
provided,  further,  that  any  such  contract  may  be  entered  into 
by  said  commissioner  at  any  time,  after  the  passage  of  the  or- 
dinance ordering  any  public  improvement,  without  advertis- 
ing for  bids,  or  without  the  approval  of  the  mayor,  when  so 
directed  by  resolution  of  tne  city  council,  adopted  by  a vote  of 
two-thirds  of  all  the  aldermen  elected. 

860.  Contracts — Advertisement  for  Bids.]  § 16.  All 

advertisements  for  bids  for  the  making  of  any  public  improve- 
ment ordered  by  the  city  council  shall  be  made  in  the  name  of 
the  commissioner  of  the  department  of  public  works,  by  adver- 


Department  of  Public  Works. 


395 


tisement  in  some  daily  newspaper  published  in  the  city  of 
Peoria,  printed  in  the  English  language,  and  shall  be  published 
three  separate  week  days,  the  first  publication  of  said  adver- 
tisement to  be  not  less  than  ten  days  before  the  day  fixed  for 
opening  said  bids,  which  notice  shall  give  a brief  statement  of 
the  work  to  be  done,  and  also  state,  that  the  plans,  profile  and 
specifications  of  said  proposed  public  improvement,  are  on  file, 
and  open  to  public  inspection,  in  the  office  of  the  commissioner, 
said  advertisement  shall  reserve  the  right  to  said  commissioner, 
to  reject  any  and  all  bids.  Said  advertisement  shall  also 
require  a deposit,  to  be  approved  by  the  commissioner, 
not  less  than  five  per  cent,  of  the  estimated  cost  of 
such  proposed  public  improvement,  to  accompany  each  bid. 

861.  Contracts — Bids  For— How  Made.]  § 17.  In  all 

cases  the  bids  for  doing  any  work,  or  making  any  public  im- 
provment,  shall  be  sealed  bids,  directed  to  the  commissioner 
of  public  works,  and  shall  be  accompanied  with  a deposit  in 
the  sum  fixed  by  the  said  commissioner  in  said  advertisement. 
Said  deposit  shall  be  in  money  or  currency  of  the  United  States, 
or  a certified  check  upon  some  Peoria  bank  in  good  standing, 
to  be  approved  by  the  commissioner,  payable  to  the  order  of 
said  commissioner,  which  said  deposit  shall  be  forfeited  to  the 
City  of  Peoria  in  the  event  that  the  bidder  shall  neglect  or  refuse 
to  enter  into  a contract  (with  approved  sureties)  to  execute 
the  work  for  the  price  named  in  his  bid,  and  according  to  the 
plans  and  specifications,  in  case  the  contract  shall  be  awarded 
to  such  bidder.  Said  bids  shall  be  opened  by  the  commission- 
er at  the  hour  and  place  mentioned  in  said  notice;  and  should 
said  bid,  or  bids,  be  rejected,  or  should  it  become  necessary 
for  any  other  reason  to  readvertise  for  bids  to  do  said  work, 
such  subsequent  advertisement  shall  be  made  in  the  same  man- 
ner and  upon  the  same  conditions  as  is  provided  in  the  first 
advertisement. 

862.  Contracts  of  $500  and  Under — How  Let.]  § 18. 

All  contracts  for  the  making  of  any  public  improvement,  re- 


396 


Ordinances. 


lating  to  any  of  the  matters  under  the  cognizance  of  the  de- 
partment of  public  works,  where  the  total  cost  does  not  exceed 
in  amount,  the  sum  of  five  hundred  dollars,  shall  be  let  by  the 
commissioner  of  public  works  to  the  lowest  responsible  bidder, 
whose  bid  does  not  exceed  the  estimated  cost  of  such  improve- 
ment, upon  such  bidder  filing  bond  with  the  commissioner, 
with  two  or  more  sureties  thereon,  to  be  approved  by  the  said 
commisioner,  in  double  the  amount  of  the  contract  price,  for 
the  faithful  performance  of  the  conditions  therein,  in  said  con- 
tract specified. 

863.  Contracts — How  Executed.]  § 19-  All  contracts 
shall  be  executed  in  triplicate  by  the  commissioner  of  public 
works,  on  the  part  of  the  City  of  Peoria,  and  by  the  contrac- 
tor; one  of  which  so  executed,  shall  be  filed  ann  kept  in  the 
office  of  said  commissioner,  one  shall  be  given  to  the  city 
comptroller,  which  shall  by  him  be  filed  and  kept  in  his  office, 
and  the  third  shall  be  given  to  the  contractor. 

864.  Contractors’  Bonds.]  § 20.  All  contractors’  bonds 
taken,  as  required  in  the  preceding  section,  shall  be  executed 
in  duplicate,  one  orginal  copy  of  which  shall  be  filed  and  kept 
in  the  office  of  the  commissioner  of  public  works,  and  one  shall 
be  filed  with  the  city  comptroller  for  safe  keeping. 

835.  Contracts  and  Bonds — Execution — Approval.]  § 

21.  All  contracts  and  bonds  so  taken,  shall  be  in  the  name  of, 
and  run  to,  the  City  of  Peoria.  And  every  contract  let  for  any 
public  improvement  within  the  cognizance  of  the  department 
of  public  works,  shall  be  signed  by  the  commissioner  of  public 
works,  approved  and  signed  by  the  mayor,  and  countersigned 
by  the  city  comptroller. 

866.  Streets,  Etc. — Cleaning  of — Who  to  Control.] 

§ 22.  The  commissioner  of  public  works  shall  have  charge 
of  the  cleaning  of  all  the  streets,  avenues,  alleys,  or  public 
grounds  of  the  city,  and  the  work  done  under  any  contract 


Department  of  Public  Works.  397 

made  and  entered  into  for  such  purpose  shall  be  done  under 
the  superintendence  of  the  superintendent  of  streets,  subject  to 
the  directions  of  said  commissioner. 

867.  Contracts  for — How  Let.]  § 23.  All  contracts  for 
the  cleaning  of  any  of  the  streets,  avenues,  alleys  or  public 
grounds  of  the  city,  when  the  expense  thereof  shall  exceed 
the  sum  of  two  hundred  dollars,  shall  be  let  by  the  commis- 
sioner of  public  works  to  the  lowest  responsible  bidder,  such 
contracts  to  be  approved  by  the  mayor.  Provided,  however, 
that  contracts  may  be  entered  into  by  said  commissioner  when 
the  expense  thereof  shall  not  exceed  two  hundred  dollars, with- 
out advertising  for  Nds,  and  without  the  approval  of  the  mayor, 
when  authorized  by  a two-thirds  vote  of  all  the  aldermen. 

868.  Contracts — Bond.]  § 24.  In  all  contracts  let  by 
the  commissioner,  under  the  provisions  of  the  preceding  sec- 
tion, bonds  shall  be  given  in  the  same  manner,  and  upon  like 
terms  and  conditions  as  is  required  in  this  ordinance,  upon  the 
letting  of  other  contracts. 

869.  Contracts — when  Authorized — Emergency.]  § 

25.  No  contract  shall  be  made  by  the  commissioner  of  public 
works  relating  to  any  matters  within  the  cognizance  of  the 
department  of  public  works,  for  any  work  or  supplies,  unless 
such  work  or  supplies  shall  have  been  authorized  by  the  city 
council,  except  in  such  cases  where  such  work  or  supplies  are 
required,  the  total  cost  of  which  does  not  exceed  one  hundred 
dollars,  and  necessary  to  be  done  or  furnished  before  the  next 
regular  meeting  of  the  council,  in  which  event  the  commis- 
sioner of  public  works  may  direct  such  work  to  be  done,  or 
supplies  furnished,  but  no  expense  shall  be  incurred  for  such 
purpose  without  the  written  order  of  the  commissioner  of  public 
works,  and  no  claim  or  demand  for  the  filling  of  such  an  order 
shall  be  paid,  or  become  a charge  against  the  City  of  Peoria, 
unless  the  same  is  presented  with  the  written  order  of  said 
commissioner  authorizing  such  expenditure,  and  together  with 


398 


Ordinances. 


the  bill  upon  which  payment  is  asked,  filed  as  a voucher  in 
the  office  of  said  commissioner,  whereupon  it  shall  be  the  duty 
of  said  commissioner  to  draw  his  warrant  upon  the  proper 
officer  of  the  City  of  Peoria  for  the  amount  of  such  bill,  pay- 
able to  the  order  of  the  person,  or  persons,  doing  such  work 
or  furnishing  such  supplies. 

870.  Contracts — Rights  Reserved.]  § 26  .In  all  con- 
tracts executed  by  the  commissioner  of  public  works,  on  be- 
half of  the  city,  the  right  shall  be  reserved  to  said  commis- 
sioner to  finally  decide  all  questions  arising  as  to  the  proper 
performance  of  said  work,  and  in  case  of  improper  construc- 
tion, or  of  non-compliance  with  the  terms  and  conditions  of 
the  contract  in  any  manner,  to  suspend  said  work  at  any  time, 
or  to  order  the  partial,  or  entire  reconstruction  of  said  work, 
if  improperly  done,  or  to  declare  the  contract  forfeited,  and  to 
relet  the  same  without  further  advertisement;  and  to  adjust 
the  difference  in  damages,  if  any  is  thereby  occasioned  to  the 
city,  which  the  contractor,  failing  to  properly  construct  such 
work,  in  such  cases  of  default,  should  pay  to  the  city  accord- 
ing to  the  just  and  reasonable  interpretation  of  said  contract. 

871.  Contracts — Estimates  on — Per  Cent.  Reserved.] 

§ 27.  In  cases  where  the  contractor  shall  proceed  to  prop- 
erly perform  and  complete  their  said  contracts,  the  commis- 
sioner may,  from  time  to  time,  as  the  work  progresses,  grant 
to  said  contractor  an  estimate  of  the  amount  then  earned,  re- 
serving ten  per  cent,  therefrom,  which  shall  entitle  the  holder 
to  receive  the  amount  that  may  be  due  thereon,  when  the 
money  applicable  to  the  payment  of  such  work  shall  have 
been  collected,  and  the  conditions  annexed  to  said  estimate  (if 
any)  shall  have  been  satisfied. 

872.  Contracts  Based  on  Special  Assessments — Condi- 
tions.] § 28.  All  contracts  for  any  public  improvement  to 
be  paid  for  in  whole  or  in  part  by  special  assessment,  or  special 


Department  of  Public  Works. 


399 


taxation  shall  contain  covenants,  in  substance  to  the  effect, 
that  the  contractor  shall  have  no  claim  or  lien  upon  the  city  in 
any  event,  except  from  the  collection  of  the  special  assessment 
or  special  tax  made  to  pay  the  cost  of  the  work  contracted 
for,  and  that  no  liability  of  any  kind  shall  attach  to  the 
City  of  Peoria,  by  reason  of  its  being  a party  to  such  contract, 
except  for  the  payment  of  the  amount  of  money  received  by 
the  city  under  such  assessment  or  special  tax  proceedings. 
And  no  contract  for  work  to  be  paid  for  by  special  assessment 
shall  be  let  upon  any  other  terms. 

873.  Contractors’  Default.]  § 29.  In  case  the  prose- 
cution of  any  public  work  shall  be  suspended,  in  consequence 
of  the  default  of  any  contractor,  or  in  case  the  bids  received 
for  doing  such  work  shall  be  deemed  excessive,  or  the  person 
or  persons  making  such  bids  or  proposals,  are,  in  the  opinion 
of  the  commissioner,  irresponsible,  or  unfit  to  be  entrusted 
with  its  performance,  the  said  commissioner  of  public  works 
may,  with  the  approval  of  the  city  council,  employ  workmen 
to  perform  or  complete  any  such  public  improvement,  ordered 
by  the  city  council  to  be  made. 

874.  Contracts — Provisions  of — Contractors’  Liability.] 

§ 30.  Whenever  said  commissioner  of  public  works,  or  other 
city  officer,  shall  let  the  contract  for  any  work  or  improve- 
ment, the  doing  or  construction  of  which  shall  require  the 
digging  up,  use  or  occupancy  of  any  street,  alley,  highway  or 
public  ground  of  said  city,  there  shall  be  inserted  in  such  con- 
tract,substantial  covenants  requiring  such  contractor,  during  the 
night  time,  to  put  up  and  maintain  such  barriers  and  lights  as 
will  effectually  prevent  the  happening  of  any  accident,  in  con- 
sequence of  such  digging  up,  use  or  occupancv  of  any  such 
street,  alley,  highway  or  public  grounds,  for  which  the  city 
might  be  liable.  And,  also,  to  provide  in  such  contract  that 
the  party  contracting  with  the  city,  shall  be  liable  for  all 


400 


Ordinances. 


damages  occasioned  by  the  digging  up,  use  or  occupancy  of 
such  street,  alley,  highway  or  public  ground?,  or  which  may 
result  from  the  carelessness  of  such  contractor,  his  agents, 
employes  or  workmen. 

4 

875-  Contractors’  Bond  of  Indemnity.]  § 31.  When- 
ever any  work  or  improvement  is  let  by  contract,  to  any  per- 
son, firm  or  corporation,  the  officers  of  the  city  letting  the  con- 
tract for  such  work  or  improvement,  shall,  in  all  cases  take 
a bond  from  the  contractor,  with  good  and  sufficient  sureties, 
in  such  an  amount  as  shall  be  adequate  to  insure  the  perform- 
ance of  the  work  in  the  time  and  manner  required  in  the  con- 
tract, and  also  to  save,  indemnify  and  keep  harmless  the  City 
of  Peoria,  against  all  liabilities,  judgments,  costs  and  expenses 
which  may  in  any  wise  accrue  against  said  city  in  consequence 
of  such  contract,  or  which  may  in  any  wise  result  from  the 
carelessness  or  neglect  of  such  person,  firm  or  corporation,  or 
his,  their  or  its  agents,  employes  or  workmen,  in  any  respect 
whatever;  and  conditioned  also,  that  whenever  any  judgment 
is  recovered  against  said  city  by  reason  of  the  carelessness  or 
negligence  of  such  person,  persons,  firm  or  corporation  so 
contracting,  or  his,  their  or  its  agents,  employes  or  workmen, 
and  when  due  notice  has  been  given  of  the  pendency  of  such 
suit,  such  judgment  shall  be  conclusive  against  such  person, 
firm  or  corporation,  and  his,  their  or  its  sureties  on  such  bond, 
not  only  as  to  the  amount  of  damages,  but  as  to  their  liability; 
said  bond  shall  be  conditioned  also  for  the  payment  of  all 
claims  and  demands  whatever,  which  may  accrue  to  each  and 
every  person  who  shall  be  employed  by  such  contractor,  in 
or  about  the  performance  of  such  contract. 

876.  Contracts — Forfeiture — per  cent.  Reserved.]  § 

32.  All  contracts  let  for  the  making  of  any  public  improve- 
ment, the  cost  of  which  is  to  be  met  by  special  assessment,  or 
special  taxation,  or  made  payable  out  of  the  corporate  fund  of 


Department  of  Public  Works. 


401 

the  city,  shall  contain  a clause  to  the  effect  that  it  shall  and 
may  be  lawful  for  the  commissioner  of  public  works,  or  other 
officer  letting  such  contract,  to  reserve  and  deduct  from  the 
estimated  amount  earned,  or  due  upon  such  contract,  ten  (10) 
per  cent,  of  such  estimate  then  so  earned,  or  due  upon  such 
contract,  and  that  such  percentage  so  deducted  shall  not  be 
payable  to  such  contractor  until  he,  or  they,  shall  satisfy  said 
commissioner,  or  other  officer  letting  such  contract,  that  all 
workmen  and  employes  have  been  fully  paid,  the  terms  and 
conditions  ot  such  contract  fully  complied  with,  and  the  work 
performed  thereunder  finally  accepted  by  the  proper  authority 
of  the  city  government. 

877.  Contracts — Violation  of — Penalty.]  § 33.  Any 

such  contracts  shall  also  provide  that  in  the  event  of  any  con- 
tractor or  contractors  violating  the  provisions  of  said  contract, 
that  he  or  they  shall  forfeit  twenty  ($20.00)  dollars  to  the 
City  of  Peoria,  for  each  and  every  day  that  he  or  they,  shall 
violate  the  provisions  thereof. 

878.  Notice — Default — Pay  to  Workmen,  Etc.]  § 34. 

Whenever  the  commissioner,  or  other  officer  letting  the  con- 
tract, shall  notify  such  contractor  or  contractors,  by  written 
notice  personally  served,  or  by  leaving  a copy  thereof  at  the 
contractor’s  last  known  place  of  residence,  that  no  further  es- 
timates or  vouchers  will  be  issued,  or  payments  made  on  such 
contract  until  the  employes  and  workmen  have  been  paid,  and 
the  contractor,  or  contractors  shall  neglect  or  refuse,  for  the 
space  of  ten  days  after  service  of  such  notice,  to  pay  such 
employes  or  workmen  it  shall,  and  may  be  lawful  for  the  city 
to  apply  any  money  due,  or  that  may  become  due  under  the 
contract,  to  the  payment  of  such  employes,  or  workmen  with- 
out other,  or  further  notice  to  said  contractor  or  contractors; 
provided,  however,  that  the  failure  of  the  city  to  retain  and 
apply  any  of  such  moneys,  or  of  the  commissioner  or  any 
other  officer  of  the  city  government,  to  order  that  no  further 
27 


402 


Ordinances. 


estimates  shall  be  made  or  vouchers  issued,  shall  not,  nor  shall 
the  fact  that  any  reserved  percentage  has  been  paid  to  the 
contractor  without  the  employes  and  workmen  being  first 
paid,  in  any  or  either  event,  in  any  way  effect  the  liability  of 
the  contractor  or  his  sureties  upon  any  bond  given  in  connec- 
tion with  such  contract. 

879.  Contractors’  Bonds — Statement  of  Sureties.]  § 35. 

In  all  cases,  before  the  letting  of  any  contract,  for  the  making 
of  any  public  improvement,  where  bonds  are  required  to  be 
taken  by  the  commissioner  of  public  works,  or  other  officer 
or  department  of  the  city,  having  authority  to  let  the  contract 
for  the  making  of  such  improvement,  the  sureties  signing  the 
bonds  tendered  by  the  contractor,  or  contractors,  shall  deposit 
with  said  commissioner,  or  other  officer,  or  department  of  the 
city,  a statement,  under  oath,  showing  the  real  property  owned 
by  each  surety,  its  fair  market  value,  where  located,  and  the 
amount  of  encumbrances,  if  any,  thereon. 

880.  Bonds  and  Statement  of  Sureties  to  be  Kept.] 

•§  36.  In  all  cases  where  statements  are  made,  as  provided 
in  the  foregoing  section,  and  the  bond  and  sureties  tendered 
by  the  contractor  are  approved  by  the  officer,  or  department 
of  the  city  having  charge  of  the  particular  matter  to  which  it 
may  relate,  and  the  contract  is  let  to  the  contractor,  or  con- 
tractors, named  as  principal,  or  principals,  in  such  bond,  it 
shall  be  the  duty  of  the  officer  to  whom  such  statement  is 
made  to  file  and  keep  such  statement,  together  with  the  bond 
given,  until  all  the  terms  and  conditions  of  the  contract,  for 
the  performance  of  which  such  bond  is  given,  have  been  fully 
met  and  complied  with. 

881.  Bonds  and  Statements — Where  to  be  Filed.] 

§ 37.  All  bonds  given  by  contractors  for  the  making  of  any 
public  improvement  under  the  control  of  the  department  of 
public  works,  and  all  statements  of  the  financial  responsibility 


Department  of  Public  Works.  403 

of  sureties  named  in  such  bonds,  shall  be  filed  with  the  comp- 
troller; and  the  commissioner  of  public  works,  together  with 
the  mayor,  shall  approve  the  same,  and  all  bonds  given  by 
contractors  for  the  making  of  any  other  public  improvement 
not  under  the  department  of  public  works,  shall  with  the  state- 
ment of  the  sureties,  be  filed  with  the  comptroller,  and  the  de- 
partment of  the  city  having  authority  to  let  such  contracts, 
together  with  the  mayor,  shall  approve  such  statements  and 
bonds. 

882-  Sureties — Qualifications  of.]  § 38.  In  all  con- 
tractor’s bonds,  given  for  the  performance  of  the  terms  and 
conditions  of  any  contract,  or  for  the  making  of  any  public  im- 
provement, two  or  more  securities  shall  be  required  thereon, 
who  shall  own  real  estate,  in  the  county  of  Peoria,  Illinois,  and 
are  not  directly  interested  in  the  improvement  to  which  the 
contract  relates. 

883.  Contracts — Mayor — Commissioner,  Etc.  Interested 
Individuals.]  § 39.  Neither  the  commissioner  of  the  de- 
partment of  public  works  or  any  member  thereof,  nor  any 
superintendent,  officer,  clerk,  or  other  person  employed  in  or 
about  said  department,  shall  be  interested,  directly  or  indirect- 
ly, in  any  contract  made  and  entered  into  by  said  department, 
for  any  work  to  be  done,  or  for  any  materials  to  be  furnished, 
and  all  contracts  made  by  said  department  in  which  the  said 
commissioner,  mayor  of  the  city,  or  any  officer  or  employe  of 
said  department,  shall  be  so  interested,  shall,  at  the  option  of 
the  city,  be  declared  unlawful  and  void,  and  of  no  binding 
effect  whatever,  and  any  officer  of  said  department  interested 
in  any  contract  shall  thereby  forfeit  his  office,  and  be  removed 
therefrom  on  proof  of  such  delinquency. 

884.  Annual  Report  to  the  City  Council.  ] § 40.  The 

commissioner  of  public  works  shall,  on  or  before  the  first  day 
of  February,  in  each  year,  prepare  and  present  to  the  city 
council,  a report  under  oath,  showing  the  receipts  and  expend- 


Ordinances. 


4°4 

itures,  and  the  entire  work  of  his  department  during  the  pre- 
vious fiscal  year.  Said  report  shall  contain  a detailed  state- 
ment of  all  receipts  and  from  what  sources;  the  total  amount  of 
expenditures,  and  for  what  purposes;  the  regular  employes  in 
said  department  of  public  works  and  their  respective  salaries; 
the  public  improvements  made  and  of  what  character,  and  the 
cost  of  same,  and  whether  payable  out  of  the  general  corpor- 
ate fund  or  by  special  assessment;  the  amount  expended  for 
repairs,  and  the  nature  and  cost  of  the  same;  the  amount  of 
rebates  (if  any  ) due  property  owners  on  account  of  improve- 
ments completed,  the  cost  of  which  was  to  be  met,  in  whole 
or  in  part,  by  special  assessment,  or  by  special  taxation,  and 
on  what  improvements  such  rebates  are  due. 

885.  Annual  Report  to  Comptroller.]  § 41.  Said  com- 
missioner shall  also,  on  or  before  the  first  day  of  February  an- 
nually, prepare  and  submit  to  the  comptroller,  to  be  by  him 
laid  before  the  city  council  with  his  annual  estimates,  a state- 
ment, as  near  as  the  same  can  be  estimated,  of  the  repairs  and 
improvements  necessary  to  be  undertaken  by  the  city  during 
the  current  year,  the  cost  of  which  is  to  be  paid  for  out  of  the 
general  corporate  fund,  and  of  the  cost  of  such  repairs  and  im- 
provement, as  near  as  the  same  can  be  ascertained,  and  also  a 
statement  of  any  necessary  or  desired  improvements,  with  the 
probable  expense  thereof,  and  of  all  contracts  made  and  un- 
finished, and  the  amount  of  any  and  all  unexpended  balances, 
and  on  what  account  of  the  appropriations  of  the  preceding 
year  or  years,  which  said  statement  or  reports  shall  be  under 
oath  and  be  in  detail.  The  city  council  having  revised,  changed 
or  altered  the  estimates  so  submitted,  may  provide  for  raising 
the  same  in  the  annual  appropriation  bill  or  ordinance. 

886.  Books  of  Account.]  § 42.  It  shall  be  the  duty  of 
the  commissioner  of  public  works  to  keep  books  of  account 
in  such  manner  as  to  show  with  dearness  and  accuracy  the 
receipts  and  expenditures  of  said  departmet,  and  in  such 


Department  of  Public  Works.  405 

manner  that  the  same  may  be  readily  understood  and  investi- 
gated, and  also  to  preserve  on  file  in  said  department  duplicate 
vouchers  of  all  the  expenditures  of  said  department,  which 
books  and  vouchers  and  all  other  papers  and  files  relating  to 
any  matter  or  in  any  way  concerning  the  affairs  of  the  city 
government,  shall  be  at  all  times  open  to  examination  in  the 
office  of  said  commissioner,  by  the  mayor,  comptroller,  city 
attorney,  the  finance  committee  or  any  member  of  the  city 
council. 

887.  Custody  of  Sewers  and  Drains.  ] § 43-  All 

sewers,  culverts  and  drains  now  made,  or  hereafter  to  be  made, 
in  any  of  the  streets,  avenues,  alleys  or  other  public  places 
in  the  city,  shall  be  under  the  charge  of  the  department  of 
public  works,  which  department  is  charged  with  the  duty  of 
keeping  the  same  in  good  condition  and  repair,  and  that  the 
same  are  kept  free  from  all  obstructions,  and  the  commissioner 
of  public  works  shall  cause  such  repairs  thereof,  and  of  the 
catch  basins,  culverts  and  openings  connected  therewith,  as 
may,  from  time  to  time,  become  necessary. 

888.  Sewers  and  Drains — Connections — Permit.  § 44. 

The  commissioner  of  public  works  shall  prescribe  the  manner 
and  point  of  piercing  and  opening  any  of  the  sewers  or  drains, 
in  any  of  the  public  streets  or  public  places  of  the  city,  and 
the  form,  size,  and  material  of  the  connection  made  therewith, 
and  shall  have  authority  to  grant  permits  to  make  lateral 
connection  with  said  sewers,  which  said  permit  when  granted 
to  any  person  or  persons,  shall  specify  the  point  in  such  sewer 
such  lateral  connection  shall  be  made,  the  form,  size  and  mate- 
rial to  be  used  in  making  such  connections,  how  the  same 
shall  be  connected  at  each  end  of  such  lateral,  the  hour  of  the 
day  when  the  street,  or  public  thoroughfare  may  be  dug  up 
for  such  purpose  and  the  property  for  which  such  connection 
is  made. 


40  6 


Ordinances. 


889-  Connecting  With,  Without  Permit — Penalty.] 

§ 45.  No  connection  shall  be  made  with  any  sewer  or  drain 
in  any  of  the  public  streets,  avenues,  alleys  or  other  public 
places  in  said  city,  without  the  written  permit  of  the  commis- 
sioner of  public  works,  as  provided  in  the  foregoing  section  of 
this  ordinance;  and  any  person  making,  or  attempting  to 
make  any  connection  or  opening  into  any  such  sewer  or  drain 
without  first  having  obtained  such  permission,  or  having 
obtained  such  permission,  makes  such  connection  in  a manner 
different  from  the  mode  perscribed  in  such  pei  mit  issued  by 
said  commissioner,  shall  subject  the  person  making  the  same, 
and  the  person  directing  it,  respectively  to  a penalty  of  not 
exceeding  fifty  dollars. 

890.  Connection  with  Sewer— How  Authorized.]  § 46. 

The  commissioner  of  public  works  may,  when  authorized  by 
the  city  council,  grant  permission  to  persons  to  construct,  at 
their  own  expense,  sewers  or  drains,  to  lay  pipes  to  connect 
with  any  sewers  or  drains,  built  in  any  of  the  streets,  avenues, 
alleys,  or  public  places  in  the  city,  in  the  manner  and  subject 
to  the  provisions,  herein  prescribed,  and  also  subject  to  the 
further  provisions,  that  such  permission  shall  not  be  granted 
by  the  commissioner  to  any  person,  firm  or  corporation,  ex- 
cept upon  the  agreement,  in  writing,  of  the  person,  firm  or 
corporation,  applying  for  such  permission,  that  said  work 
shall  be  performed  by  some  person,  or  persons,  duly  licensed 
therefor,  or  under  the  supervision  or  direction  of  some  such 
person,  and  that  such  person,  firm  or  corporation  to  whom 
such  permission  is  given,  will  indemnify  the  City  of  Peoria, 
against  any  loss  or  damage  which  it  may  sustain  by  reason 
of  injuries  resulting  from  negligence  or  carelessness  in  per- 
forming the  work  so  permitted. 

891.  Sewers — City’s  Right — Etc.,  Reserved.]  § 47.  No  . 

person,  firm  or  corporation,  constructing  any  work  under  the 
provisions  of  the  preceding  section  of  this  ordinance,  shall 


Department  of  Public  Works.  407 

have  any  claim  against  the  city,  if  the  work  so  permitted,  at 
any  time  after  the  same  may  be  completed,  is  ordered  to  be 
taken  up  by  the  authority  of  the  city  council;  nor  shall  any 
such  person,  firm  or  corporation,  have  any  exemption  from  an 
assessment  lawfully  imposed,  for  constructing  sewers  or  drains 
in  the  vicinity  of  their  property,  and  the  constructing  of  any 
sewers  or  drains,  by  any  person,  firm  or  corporation  under 
the  provisions  of  the  preceding  section  of  this  ordinance,  shall 
be  deemed  and  taken  as  an  acquiesence  in  the  provisions  of 
this  sections,  whether  the  same  be  set  forth  in  the  permit  of 
the  commissioner  authorizing  such  work  or  not,  and  shall  be 
binding  upon  the  heirs,  administrators,  successor,  or  assigns 
of  any  such  person,  firm  or  corporation. 

892.  Sewer  Connection,  Etc.,  Commissioner  to  Grant 
Permits  for,]  § 48.  It  is  hereby  made  the  duty  of  the 
commissioner  of  public  works  to  provide  the  city  with  permits 
to  be  used  for  the  purposes  specified  in  section  44  of  this 
ordinance.  Said  permits  shall  be  made  in  book  form,  well 
bound,  and  numbered  in  duplicate,  from  one  upwards,  and 
shall  contain  upon  their  face  a brief  summary  of  the  provisions 
of  the  two  preceding  sections.  Upon  application  to  the  com- 
missioner by  any  person  for  such  permit,  he  shall  fill  out  the 
same  in  duplicate  to  the  person,  firm  or  corporation  applying 
therefor,  which  duplicates  shall  be  signed  by  the  commis- 
sioner, and  the  person,  firm  or  corporation  asking  such  per- 
mit, one  of  which  shall  be  delivered  to  the  applicant,  and  the 
other  to  remain  undetached  in  the  said  book  of  permits,  in  the 
office  of  said  commissioner,  and  shall  be  by  him  safely  kept 
for  any  future  use  or  reference  by  the  city. 

893.  Deposit  of  Cost  of  Repairing — Engineer  to  Es- 
timate.] § 49.  No  permit  shall  be  granted  to  any  person, 
firm,  or  corporation,  to  dig  up  or  open  any  street,  avenue, 
alley,  or  other  public  place,  unless  the  applicant  for  such  per- 
mit, in  addition  to  complying  with  all  other  requirements  of 


408 


Ordinances. 


this  ordinance,  shall  also  deposit  with  the  said  commissioner  a 
sum  ot  money  sufhcient  to  cover  the  expense  of  replacing  the 
same  in  as  good  condition  as  before  the  same  was  dug  up  or 
opened.  The  amount  of  said  deposit  shall  be  ascertained  by 
the  city  engineer,  and  shall  in  all  cases  be  fixed  by  said  en- 
gineer at  the  lowest  sum  for  which  such  repairing  or  replac- 
ing can  be  properly  done,  and  which  shall  in  all  cases  be  done 
bv  the  city,  through  its  department  of  public  works,  and  under 
the  direction  of  the  city  engineer,  and  the  actual  cost  thereof 
be  borne  by  the  person,  firm,  or  corporation  upon  whose  re- 
quest any  such  street,  avenue,  alley,  or  other  public  place  was 
dug  up  or  opened. 

894-  Engineer — When  to  Make  Estimate,]  § 50.  Upon 
application  by  the  commissioner  of  public  works  to  the  city 
engineer  for  an  estimate  of  the  expense  of  replacing  or  repair- 
ing any  street,  avenue,  alley  or  other  public  place  to  be  dug 
up  or  opened,  as  provided  in  this  ordinance,  it  shall  be  the 
duty  of  the  engineer  to  make,  or  cause  to  be  made,  a written 
detailed  statement  of  such  expense,  which  said  statement  shall 
be  made  in  duplicate,  and  be  signed  by  said  engineer,  both  of 
which  shall  be  delivered  to  said  commissioner,  and  by  him  one 
of  said  estimates  shall  be  delivered  to  the  applicant  by  or  on 
whose  account  the  same  was  made,  and  the  remaining  one 
shall  be  filed  and  kept  by  said  commissioner  in  his  office. 

895-  Engineer’s  Fees  for  Estimate — Limit.]  § 51. 

The  person,  firm,  or  corporation,  by  or  on  account  of  whom 
any  such  estimate  is  made,  shall  pay  to  said  commissioner,  as 
the  city  engineer’s  fees  and  charges  for  making  the  same,  an 
amount  equal  to  ten  per  cent,  of  such  estimate.  Provided, 
however,  that  no  fee  or  charge  shall  exceed  for  any  one  esti- 
mate, the  sum  of  ten  dollars;  which  said  fee  shall  in  all  cases 
be  payable,  as  above  provided,  by  the  applicant,  by  or  on 
whose  account  the  same  is  brdered,  whether  he  or  they  shall 
take  out  a permit  for  the  opening  or  digging  up  of  any  such 
street,  avenue,  alley  or  other  public  place  or  not. 


Department  of  Public  Works. 


4°9 

896.  Record  of  Permits — How  to  be  Kept.]  § 52. 

The  commissioner  shall  keep  a record,  in  a plain  and  per- 
manent manner,  of  all  permits  granted  by  him,  to  any  person, 
firm,  or  corporation,  for  any  of  the  purposes  specified  in 
these  ordinances,  in  which  he  shall  enter  the  name  of  the 
person,  firm  or  corporation,  to  whom  such  permit  was 
issued,  for  what  purpose,  the  amount  of  moneys  received,  and 
from  whom,  for  the  replacing  or  repairing  of  any  street, 
avenue,  alley  or  other  public  place,  dug  up  or  disturbed  under 
such  permit,  and  the  amount  of  moneys  received,  and  from 
whom,  as  engineer’s  fees,  on  account  of  estimates  furnished  by 
said  engineer,  and  he  shall  make  report  of,  and  pay  over  to 
the  proper  department  of  the  city  government,  monthly,  all 
such  funds. 

897.  Special  Funds — How  Paid  Out.]  § 53.  All 

moneys  to  be  paid  to  any  person  or  persons  out  of  the  water 
or  sewerage  funds,  or  any  special  assessment  or  special  tax 
fund,  shall  be  certified  by  the  commissioner  of  public  works, 
or,  in  case  of  his  absence  from  the  city,  or  incapacity  by  sick- 
ness or  otherwise  to  act,  by  the  mayor  of  the  city,  to  the  city 
comptroller,  and  a warrant  therefor  shall  be  drawn,  stating 
therein  the  particular  fund  to  which  the  same  is  chargeable. 

898.  Further  Reports  of  Commissioner.]  § 54.  The 

commissioner  of  public  works  shall,  when  required  by  the  city 
council,  inquire  into  and  report  upon  any  matter  within  the 
cognizance  of  the  department  of  public  works,  and  shall,  from 
time  to  time,  communicate  to  the  city  council  any  information 
or  suggestions  which  he  may  deem  important  in  relation 
thereto. 

899.  Rules  and  Regulations  as  to  Subordinates.]  § 

55.  All  subordinate  officers,  assistants,  clerks  and  employes 
employed  in  said  department  shall,  be  subject  to  such  rules 
and  regulations  as  shall  be  prescribed  from  lime  to  time  by 
said  commissioner  of  public  works. 


410 


Ordinances. 


ARTICLE  II. 


CITY  ENGINEER. 


Section. 

900.  Creation  of  Office — Appointment — Term. 

901.  Bond. 

902.  Qualifications. 

903.  Duties  of. 

904.  Surveying  Streets. 

905.  Surveys  to  be  made  by  Engineer. 

906.  Records. 


Section. 

907.  Fees. 

908.  Other  Duties. 

909.  Bridges,  Etc.— Construction,  Etc. 

910.  Assistants. 

911.  Rules  and  Regulations. 

912.  Reports —Monthly. 


900.  Office  of,  Established,  Engineer,  How  Appointed.] 

§ 1.  There  is  hereby  established  the  office  of  city  engineer. 
He  shall  be  appointed  by  the  mayor,  by  and  with  the  advice 
and  consent  of  the  city  council,  at  the  first  regular  meeting  of 
the  city  council  in  the  month  of  May,  1892,  or  as  soon  there- 
after as  may  be,  which  appointments  shall  be  for  the  term  of 
one  year  and  until  his  successor  is  appointed  and  qualified,  and 
thereafter  such  appointment  shall  be  made  on  the  first  regu- 
lar meeting  of  the  city  council  in  May,  1893,  or  as  soon  there- 
after as  may  be,  and  biennially  thereafter. 

901.  Bond  of.]  § 2.  Said  engineer  shall,  before  enter- 
ing upon  the  duties  of  his  office,  execute  a bond  to  the  city  of 
Peoria,  in  the  sum  of  ten  thousand  dollars,  with  two  or  more 
sureties  thereon,  to  be  approved  by  the  city  council,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office,, 
and  take  and  subscribe  the  oath  prescribed  by  law  for  city 
officers. 

902.  Qualifications  of.]  § 3.  No  person  shall  be  ap- 
pointed to  the  office  of  city  engineer,  who  is  not  reasonably 
skilled  in  the  profession  of  civil  engineering  and  surveying, 
and  able  to  read,  write  and  speak  the  English  language,  or 
who  is  not  at  the  time  of  such  appointment  a citizen  of  the 
United  States. 

903.  Duties  of.]  § 4.  That  in  addition  to  any  other 
duties  required  of  said  city  engineer,  appointed  to  such  office 
under  the  provisions  of  this  ordinance,  he  shall,  when  so 


Department  of  Public  Works.  41  i 

ordered  by  the  city  council,  ascertain  and  establish  the  grade 
of  every  street,  avenue,  lane,  alley,  or  other  public  place,  land- 
ing or  square  within  the  corporate  limits  of  the  city  of  Peoria, 
and  mark  the  grade  of  any  such  street,  lane,  avenue,  alley, 
public  landing,  or  public  square  in  some  substantial  and  per- 
manent manner.  He  shall,  from  time  to  time,  examine  all 
public  works  in  the  course  of  erection,  and  shall  preserve  and 
file  in  his  office,  in  a manner  convenient  for  reference,  all  the 
plats,  surveys,  maps,  papers  and  books  pertaining  to  his  office. 
He  shall  also  make  the  necessary  surveys  of  streets,  lanes, 
avenues,  alleys,  public  landings  and  public  squares,  and  all 
other  surveys  required  by  the  city,  and  shall  also  mark  the 
line  of  any  lot  on  any  public  or  private  property;  make  cor- 
rect levelings  of  all  streets,  lanes,  avenues  and  allevs  the  grade 
whereof  is  not  yet  established,  and  leveling  plans  and  estimates 
of  any  street,  lane,  avenue  or  alley  the  grading  whereof  shall 
be  changed  or  altered;  make  such  land-marks,  either  for  sur- 
veying or  leveling,  bv  planting  stones,  slakes  or  otherwise,  as 
he  shall  deem  necessary  or  useful  in  field  operations,  and  mark 
out  all  streets,  lanes,  avenues  and  alleys  authorized  to  be 
opened  by  the  ordinances  of  said  city;  he  shall  construct  and 
keep  in  his  office  a connected  map  of  the  city,  showing  thereon 
the  several  additions  thereto,  the  streets,  lanes,  avenues,  alleys, 
public  landings,  squares,  buildings  and  city  property,  and 
bridges,  and  generally  all  such  conspicuous  and  permanent 
topographical  information  as  he  shall  deem  necessary,  and 
from  time  to  time  correct  or  alter  the  same  as  circumstances 
may  require;  he  shall  also  report  to  the  city  council,  at  their 
stated  meeting  in  each  month,  a general  abstract  of  all  the 
operations  of  his  department  since  the  previous  report,  the 
work  executed  and  which  remains  to  be  executed,  and  such 
other  information  as  he  shall  deem  of  interest  to  the  city,  or 
the  council  may  require. 

904.  Surveying  Streets.]  § 5.  Whenever  any  new 
street,  lane,  avenue  or  alley  is  established,  or  any  alteration 


412 


Ordinances. 


made  in  the  existing  streets,  lanes,  avenues  and  alleys,  or  any 
addition  is  made  to  the  city  of  Peoria,  the  engineer  shall  sur- 
vey the  same,  by  running  the  centre  line  thereof,  and  noting 
the  width  of  the  street  on  each  side  of  the  line,  the  intersec- 
tion of  certain  streets  therewith,  and  shall  make  levelings 
thereof,  and  report  to  the  city  council  a plan  and  measurement 
for  the  grade  thereof,  and  the  grade  of.  the  intersections  there- 
with. 

905.  Survey  to  be  Made  by  Engineer.]  § 6.  The 

said  engineer  shall  do  and  perform  within  said  city  all  engi- 
neering and  surveying,  and  such  other  duties  pertaining  to  his 
office  as  may  hereafter  from  time  to  time  be  prescribed 
by  ordinance,  resolution,  or  order  of  the  city  council; 
he  shall,  when  requested  so  to  do,  survey  any  private 
lot  in  said  city  into  as  many  parts  or  divisions  as  may  be  de- 
sired, and  put  down  the  necessary  stakes;  designate,  when  re- 
quested by  any  person  about  to  build  a house  or  erect  a fence, 
or  grade  or  make  a sidewalk,  the  line  of  the  street,  lane,  ave- 
nue or  alley,  on  which  such  house  or  fence  is  to  be  erected,  or 
sidewalk  made,  and  also  the  grade  of  such  street,  lane,  avenue 
or  alley,  and  make  out  and  deliver  to  individuals  certificates 
of  all  surveys  made  at  their  request;  and  he  shall  superintend 
the  construction  and  repairs  of  all  sidewalks  in  said  city,  and 
see  that  the  work  is  done  in  accordance  with  the  ordinances 
relative  thereto. 

906.  Records.]  § 7.  It  shall  be  his  duty  to  provide 
himself,  at  the  expense  of  the  city,  with  well-bound  books,  in 
which  he  shall  carefully  and  legibly  record  and  write  down 
every  leveling  made  by  him  and  every  grade  as  established  by 
ordinance,  and  also  every  survey  made  for  individuals,  giving 
therein  the  names  of  the  persons  the  survey  of  whose  lot  is  so 
recorded,  and  describing,  as  near  as  possible,  the  metes  and 
bounds  of  the  lot,  and  noting  the  date  on  which  the  survey 
was  made;  and  such  records  shall  be  subject  to  the  inspection 
of  any  person  who  may  think  himself  interested. 


Department  of  Public  Works.  413 

907.  Fees  of.]  § 8.  The  said  engineer  and  surveyor 
shall  be  entitled  to  the  following  fees,  to- wit:  For  surveying 
every  private  lot  in  the  city,  marking  corners  and  giving  cer- 
tificate thereof,  the  sum  of  three  dollars;  for  surveying,  marking 
corners,  and  giving  certificate  as  above,  and  subdividing  the 
lot,  an  additional  fee  of  one  dollar  for  each  subdivision; 
for  designating  the  line  or  grade  of  any  street,  lane,  avenue  or 
alley  on  which  any  person  is  desirous  of  building  a house  or 
erecting  a fence,  grading,  or  making  a sidewalk,  or  when  a 
sidewalk  is  ordered  by  the  city  council  to  be  made,  the  sum  of 
fifty  cents  for  each  line  or  grade  so  designated,  the  whole  of 
said  fees  to  be  paid  by  the  applicant  or  owner  of  each  lot. 

908-  Other  Duties.]  § 9.  He  shall  also  perform  such 
duties  as  may  be  required  of  him  by  the  commissioner  of  pub- 
lic works,  in  the  prosecution  and  construction  of  such  public 
improvements  within  the  department  of  public  work,  as  re- 
quire the  skill  and  experience  of  a civil  engineer. 

909.  Bridges  and  Viaducts — Construction  and  Re- 
pairs— Who  to  Control.]  § 10.  Said  engineer  shall  have 
charge  of  the  construction  and  repairing  of  all  bridges  owned 
or  controlled  by  the  city  within  or  without  its  limits,  and  of 
all  viaducts,  and  shall  at  all  times  co-operate  with  the  commis- 
sioner of  public  works  in  any  and  all  matters,  wherein  his  as- 
sistance, or  advice  may  be  required  by  said  commissioner,  con- 
cerning any  matter  coming  within  the  said  department  of 
public  works. 

910.  Assistants — Who  to  Appoint.]  §11.  He  shall 
be  allowed  one  first  assistant,  to  be  selected  by  said  engineer 
at  such  compensation  as  the  city  council  may  prescribe  by 
ordinance,  and  such  other  clerks  and  subordinate  help  as  the 
necessities  of  his  office  may  require,  and  the  council,  by  ordi- 
nance or  resolution,  shall  from  time  to  time  authorize  him  to 
employ. 


4r4 


Ordinances. 


911.  Rules  and  Regulations.]  § 12.  He  shall  make 
such  rules  and  regulations  for  the  government  of  his  assistants 
and  employes,  in  the  discharge  of  the  duties  of  his  office,  as 
will  promote  the  highest  public  good,  and  he  shall  be  respon- 
sible for  all  acts  of  any  employe  therein,  for  and  concerning 
the  discharge  of  any  of  the  duties  of  his  said  office,  entrusted 
to  their  care,  skill  or  judgment. 

912.  Reports  to  be  Made  Monthly.]  § 13.  It  shall 

be  the  duty  of  said  engineer  to  make  monthly  reports  to  the 
city  treasurer  and  city  comptroller  of  all  moneys  received  by 
his  office  arising  from  fees,  or  other  official  acts,  and  to  pay 
over  to  said  city  treasurer,  at  such  time,  all  such  funds,  and 
he  shall  also  make  quarterly  report  of  such  matters  to  the  city 
council,  all  of  which  said  reports  shall  be  written  in  detail,  and 
verified  by  the  oath  of  said  engineer. 

ARTICLE  III. 

SUPERINTENDENT  OF  STREETS. 

Section.  Section. 

913.  Creation  of  Office-Appointment-Term.  915.  Bond  and  Oath. 

914.  Qualifications.  9x6.  Duties  of. 

913.  Office  Established — Superintendent — How  Ap- 
pointed.] § 1.  There  is  hereby  established  the  office  of 
Superintendent  of  Streets,  which  said  office  shall  be  filled  by 
appointment  of  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council  at  their  first  regular  meeting  in  the  month 
of  May,  A.  D.  1892,  who  shall  hold  his  office  for  the  period 
of  one  year,  and  until  his  successor  is  appointed  and  qualified. 

914.  Qualification  of.]  § 2.  No  person  shall  be  eligible 
to  appointment  to  said  office  who  is  not  a resident  of  the  city 
of  Peoria  and  a citizen  of  the  United  States. 

915.  Bond  and  Oath.  | § 3.  Before  entering  upon  the 

duties  of  his  office  the  superintendent  of  streets  shall  execute 
a bond  to  the  city  of  Peoria  in  the  sum  of  two  thousand  dol- 


Department  of  Public  Works. 


4*5 


lars,  with  two  or  more  sureties  thereon,  to  be  approved  by 
the  city  council,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office,  and  shall  take  and  subscribe  the  oath 
prescribed  by  law  for  city  officers. 


\N 


916.  Duties  of.]  § 4.  The  superintendent  of  streets 
shall  perform  such  duties  asMmay -be  recmired  of  him  by  the 
commissioner  of  public  work-in  any  rnauers^vtffinT'said  com- 
missioner’s departments  He  shall,  subject  to  the  directions  of 
said  commissioner^  take  charge  of  the  cleaning  of  all  streets, 
avenues,  alleys  or  other  public  places,  done  by  the  city,  and  O 
paid  for  out  of  the  general  fund.  He  shall  also,  subject  to  the  ^ 
directions  of  said  commissioner,  have  charge  of  the  cleaning 
or  flushing  of  the  public  sewers  and  drains  in  said  city,  the 
cost  of  which  is  to  be  paid  for  by  the  city,  and  it  shall  be  his\^(\ 
duty  to  keep  the  time  of  all  persons  employed  under  him,  in  yj  5/ 
the  performance  of  such  work,  and  a record  of  all  expenses  'v  SI 
incurred  therewith,  and  report  the  same  in  writing, ^verified  > 

by  oath,  to  said  commissioner  or  other  proper  department  of  ^ 
the  city  government.  He  shall  perform  such  other  and  further 
duties  as  may  from  time  to  time  be  required,  by  the  ordinances 
of  said  city. 


4i  6 


Ordinances. 


Chapter  V. 


LAW  DEPARTMENT. 


ARTICLE  I. 


CITY 

Section. 

917.  City  Attorney — Bond. 

918.  Duties  of. 

919.  May  Dismiss  Prosecution— When. 

920.  May  Appeal  Case  from  Inferior  Court 

—When. 

921.  Issue  Executions — When. 


ATTORNEY. 

Section. 

922.  Collect  and  Pay  Over  Fines. 

923.  Officers  to  Furnish  Certified  Copies  on 
Request. 

924.  Shall  Keep  Docket. 

925.  Annual  Report. 

926.  Ordinance  Necessary— Shall  Recom- 
mend. 


917.  City  Attorney — Bond.]  § 1.  The  city  attorney 

shall,  before  entering  upon  the  duties  of  his  office,  execute  and 
deliver  to  the  city  of  Peoria  a good  and  sufficient  bond  in  the 
penal  sum  of  one  thousand  dollars,  to  be  approved  by  the  city 
council,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office  as  prescribed  by  the  laws  of  Illinois,  and 
the  ordinances  of  the*  city  of  Peoria. 

918.  Duties  of.]  § 2.t  The  city  attorney  shall  be  the 
legal  adviser  of  the  city.  He  shall  draw  such  ordinances  as 
may  be  required  of  him  by  the  city  council,  or  any  committee 
thereof. 

He  shall  draw  all  leases,  deeds,  contracts  or  other  legal 
documents  or  papers,  when  so  required  by  the  head  of  the  de- 
partment to  which  said  documents  properly  pertain. 

He  shall,  when  required,  advise  the  city  council,  or  any  city 
officer,  on  all  matters  of  law,  in  which  the  interests  of  the  city 
are  involved,  and  he  may,  when  he  considers  the  question,  or 


Law  Department. 


4 l7 


matters  propounded  to  be  of  sufficient  importance,  require 
them  to  be  submitted  to  him  in  writing,  and,  in  such  cases,  his 
answer  shall  also  be  in  writing. 

He  shall  prosecute  or  defend,  as  the  case  may  be,  on  behalf 
of  the  city,  all  cases  in  which  the  interests  of  the  city  are  in- 
volved. 

He  shall  take  charge  of  the  prosecution  of  all  actions  for 
violation  of  the  city  ordinances,  and  shall  conduct  all  proceed- 
ings thereon  in  the  courts  in  which  they  are  originally 
brought,  and  in  the  courts  to  which  they  may  be  appealed; 
such  prosecutions  shall  be  instituted  by  him,  when  instructed 
to  do  so  by  the  mayor,  city  council,  superintendent  of  police, 
or  the  chief  officer  of  any  department  of  the  city  government, 
or  upon  the  complaint  of  any  person,  when,  in  his  judgment, 
the  public  interests  shall  require  that  the  same  be  prosecuted. 

He  shall  keep  his  office  at  such  place  as  may  be  prescribed 
by  the  city  council,  and  shall  attend  there  for  the  transaction 
of  the  business  of  his  office.  His  office  hours  shall  be  the 
same  as  other  officers  of  the  city. 

919,  May  Dismiss  Prosecution — When.]  § 3-  He 

shall  not  be  required  to  prosecute  any  action  arising  from  the 
violation  of  any  of  the  ordinances  of  the  city,  when,  upon  in- 
vestigation of  the  same,  he  shall  be  satisfied  that  the  complaint 
was  instituted  maliciously  or  vexatiously,  and  without  probable 
cause,  and  he  shall  have  power  to  discontinue  or  dismiss  any 
suit  or  proceeding  upon  such  terms  as  he  may  deem  equitable, 
when  he  considers  that  the  public  interest  will  be  subserved 
thereby. 

920.  May  Appeal  Case  from  Inferior  Court.]  § 4. 

He  may  take  an  appeal  from  the  judgment  of  any  inferior 
court,  or  justice  of  the  peace  to  the  county,  or  circuit  court  of 
Peoria  county,  where  judgment  below  has  been  rendered 
against  the  city,  when,  in  his  opinion,  the  public  interest  may 
require  such  appeal. 

28 


418 


Ordinances. 


921.  Issue  Executions — When.]  § 5.  He  shall  cause 
executions  to  be  issued  on  all  judgments  recovered  in  favor  of 
said  city  and  see  to  their  prompt  collection.  He  shall  examine 
all  fee  bills  of  court  officers  against  the  city,  and  certify  to  the 
correctness  of  the  same,  and  the  liability  of  the  city  therefor. 

922.  Collect  and  Pay  Over  Fines,  Etc.]  § 6.  He 

shall  direct  such  proceedings  as  may  be  necessary  to  collect, 
as  far  as  possible,  all  fines,  penalties  or  judgments  in  favor  of 
the  city,  and  shall  promptly  pay  into  the  city  treasury  all 
money  collected  by  him,  and  in  all  appealed  cases  where  judg- 
ment shall  be  rendered  in  favor  of  the  city,  in  the  court  to 
which  the  appeal  has  been  taken,  or  where  such  appeal  may 
be  dismissed  for  want  of  prosecution  or  other  cause,  he  shall 
collect,  as  far  as  may  be,  all  such  judgments  in  favor  of 
the  city.  And  when  necessary  to  enforce  any  of  the  legal 
rights  of  the  city,  shall  institute  suit  upon  the  appeal  bond 
given  in  any  particular  case. 

923.  Officers  to  Furnish  Certified  Copies  on  Request.] 

§ 7.  Whenever  the  city  attorney  shall  require  it,  any  city  of- 
ficer shall  furnish  him  with  a certified  copy  of  any  papers,  con- 
tracts or  other  documents  which  he  may  require  in  prosecu- 
ting or  defending  any  suit,  or  which  he  may  need  for  any  other 
purpose  connected  with  the  proper  transaction  of  the  duties  of 
his  office. 

924-  Shall  Keep  Docket,]  § 8.  It  shall  be  the  duty  of 
said  attorney  to  keep,  in  a suitable  book,  properly  indexed,  to 
be  provided  by  the  city  for  that  purpose,  a record  of  all  writ- 
ten opinions  given  by  him  to  said  city  or  its  officials;  and  he 
shall  also  keep  a register  of  all  actions  in  courts  of  record  pros- 
ecuted or  defended  by  him,  in  which  the  city  was  a party,  and 
of  the  various  proceedings  in  connection  therewith.  Upon  the 
expiration  of  his  term  of  office  he  shall  deliver  to  his  successor 
in  office  the  said  book  and  register,  together  with  all  contracts, 
bonds  or  other  papers  in  his  possession  belonging  to  the  city 
or  appertaining  to  said  office. 


Law  Department. 


4i9 

925.  Annual  Report.]  § 9.  Said  attorney  shall  annu- 
ally, on  or  before  the  first  of  February  of  each  year  and 
oftener,  if  requested,  furnish  the  city  council  a detailed  state- 
ment of  all  suits  instituted  and  pending  in  the  courts  of  record 
wherein  the  city  of  Peoria  is  plaintiff  or  defendant.  In  said 
report  he  shall  state  the  names  of  the  parties  to  the  suits,  the 
date  of  their  commencement,  the  nature  thereof,  and  the  sev- 
eral steps  taken  by  him  to  bring  the  same  to  final  issue;  and 
he  shall  also  give  a list  of  all  cases  disposed  of  during  his  term 
of  office  and  subsequent  to  his  last  report,  with  such  explana- 
tory remarks  as  he  may  think  proper  to  add  thereto,  to  the 
end  that  the  council  may  be  kept  fully  advised  as  to  the  legal 
affairs  of  the  city. 

926-  Ordinances  Necessary — Shall  Recommend.]  § 10, 

He  shall  from  time  to  time  recommend  to  the  city  council  the 
passage  of  such  ordinances  as  may  be  necessary,  in  his  judg* 
ment,  to  prevent  crime,  and  to  maintain  the  police  regulations 
of  the  city. 


420 


Ordinances. 


Chapter  VI. 

THE  DEPARTMENT  OF  HEALTH. 


Article  Article 

I.  The  Board  of  Health.  III.  The  Food  Inspector. 

II.  The  Commissioner  of  Health. 

ARTICLE  I. 


THE  BOARD  OF  HEALTH. 


Section. 

927.  Department  Created. 

928.  Board  of  Health. 

929.  Rules  and  Regulations. 

930.  Powers  of  Board. 

931.  Jurisdiction— Territory. 

932.  Contagious  Diseases. 


Section. 

933.  Boats— Quarantine. 

934.  May  Enter  House. 

935.  May  Destroy  Infected  Clothing. 

936.  Orders— Violation— Penalty. 

937.  Expenses— How  Paid. 

938.  Report  to  Council. 


927.  Department  Created.]  § 1.  There  is  hereby  es- 
tablished an  executive  department  of  the  municipal  govern- 
ment of  the  city  of  Peoria,  which  shall  be  known  as  the  De- 
partment of  Health,  and  shall  embrace  the  mayor,  the  super- 
intendent of  police,  the  commissioner  of  health,  and  the  food 
inspector. 

928-  Board  of  Health,]  § 2.  There  shall  be  a Board 
of  Health,  consisting  of  the  mayor,  the  superintendent  of  po- 
lice and  commissioner  of  health,  which  board  shall  hold 
monthly  meetings  in  the  city  council  chamber,  at  such  time  as 
they  may  determine  by  vote.  The  city  clerk  shall  be  the 
clerk  of  said  board,  and  shall  keep  minutes  of  their  proceedings 


Department  of  Health. 


421 


in  a suitable  book  to  be  provided  by  the  city  for  that  purpose. 
Special  meetings  may  be  called  by  any  member  of  the  board. 
A majority  of  the  board  shall  constitute  a quorum  for  the 
transaction  of  business. 

9i9.  Rules  and  Regulations.]  § 3.  The  board  of 
health  may  make  such  rules  and  regulations,  not  in  conflict 
with  the  laws  of  the  state,  or  the  ordinances  of  the  city,  as 
they  may  deem  necessary  for  keeping  the  city  in  the  best  pos- 
sible sanitary  condition,  for  the  proper  inspection  of  all  food 
products  kept  or  offered  for  sale  within  the  city;  and,  for  the 
execution  of  the  powers  and  duties  conferred  upon  said  board 
by  ordinance,  or  by  the  laws  of  the  state. 

930.  Powers  of  Board  ] § 4.  Said  board  shall  exer- 

cise a general  supervision  over  the  health  of  the  city,  with 
full  power  to  take  all  steps  and  use  all  measures  necessary  to 
promote  the  cleanliness  and  salubrity  thereof;  to  abate  nuis- 
ances of  every  description  on  public  and  private  property;  to 
prevent  the  introduction  into  the  city  of  malignant  or  infectious 
diseases,  and  to  remove  or  otherwise  dispose  of  any  person 
attacked  by  any  such  disease,  and  to  adopt  in  reference  to 
such  person  any  regulations,  restrictions  or  measures  deemed 
advisable,  and  to  establish  rules  and  regulations  for  the 
general  health  of  the  city.  The  said  board  of  health  is  hereby 
invested  with  and  shall  have  and  exercise  concurrent  juris- 
diction with  the  city  council  of  said  city,  to  define  and  declare 
what  shall  be  deemed  nuisances  detrimental  to  the  public 
health,  and  to  authorize  the  summary  abatement  thereof,  and 
shall  have  the  supervision  of  the  food  inspector,  and  of  the  in- 
spection of  all  food  kept  or  offered  for  sale  within  the  city. 

931-  Jurisdiction — Territory.]  § 5.  That  the  jurisdic- 
tion of  the  board  of  health  shall  extend  one-half  mile  beyond 
the  limits  of  the  city,  and  all  ordinances  of  the  city,  and  rules 
and  regulations  of  the  board  of  health,  relating  to  the  public 


422 


Ordinances. 


health,  and  the  abatement  of  nuisances,  shall  apply  and  be  in 
force  over  the  territory  adjoining  the  limits  of  the  city,  and 
for  one-half  mile  beyond  the  limits  of  the  city,  whether  it  is  so 
expressed  in  any  such  ordinance  or  not. 

932.  Contagious  Disease — Power.]  § 6.  Said  board 
of  health  shall  have  power,  when  any  dangerous,  contagious 
or  infectious  disease  exists  in  any  locality  or  house  within  the 
city,  or  within  one-half  mile  beyond  the  limits  of  the  city,  to 
remove  the  person  or  persons  diseased  to  the  pest  house  or 
hospital,  and  to  take  any  other  action  said  board  may  deem 
necessary  for  the  prevention  of  the  spread  of  such  disease. 

933.  Boats — Quarantine.]  § 7.  That  said  board  shall 
have  power  to  compel  all  boats,  vessels  and  water-craft  to  per- 
form quarantine  for  such  time,  not  exceeding  thirty  days,  as 
the  board  may  determine;  and  in  case  the  person  in  charge  of 
such  boat,  vessel  or  water-craft  shall  fail  or  refuse  to  comply 
with  the  order  of  the  board  requiring  the  removal  of  the  same, 
the  commissioner  of  health  shall  have  power  to  call  to  his  aid 
and  assistance  the  entire  police  force  of  the  city,  and  remove 
the  boat,  vessel  or  water-craft  to  the  place  assigned  by  the 
board,  and  require  the  person  in  charge  thereof  to  thoroughly 
cleanse  and  fumigate  the  boat,  vessel  or  water  craft  so  re- 
moved. 

934.  May  Enter  House — Penalty]  § 8.  The  board  of 
health,  and  any  member  thereof,  are  and  is  hereby  authorized 
and  empowered  at  any  and  all  times,  to  enter  allhouses  and  other 
places  in  said  city  and  within  one-half  mile  of  the  boundaries 
thereof,  in  the  discharge  of  any  duty  imposed  upon  them  by 
the  law  or  the  ordinances  of  said  city,  whenever,  in  their  judg- 
ment, the  public  interests  require  them  so  to  do;  and  any  per- 
son who  shall  interrupt,  interfere  with,  or  prevent  them  from 
complying  with  this  section  shall  forfeit  and  pay  not  less  than 
five  dollars,  nor  more  than  fifty  dollars,  for  every  offense. 


Department  of  Health. 


423 


935.  May  Destroy  Infected  Clothing.]  § 9.  Said 
board  shall  cause  any  wearing  apparel,  bedding  or  other 
thing,  which  they  may  deem  infectious,  or  likely  to  endanger 
the  public  health  and  safety,  to  be  removed  beyond  the  city 
limits  and  destroyed. 

936-  Orders — Violation — Penalty.]  § 10.  All  orders 
and  sanitary  regulations  of  the  board  of  health  shall  be  obeyed 
by  all  persons  in  the  city,  and  whoever  shall  refuse,  or  neglect 
to  obey  any  such  order  or  regulation  shall,  for  every  such 
offense,  be  subject  to  a fine  of  not  less  than  five  dollars,  nor 
more  than  fifty  dollars. 

937.  Expenses — How  Paid,]  § 11.  All  bills,  or  ac- 
counts, for  expenses  incurred  by  the  board  of  health,  the  com- 
missioner of  health,  or  the  food  inspector  under  the  direction 
of  the  board  of  health,  shall  be  presented  to  the  mayor  for  his 
approval,  and  if  found  correct,  he  shall  certify  the  same  to  the 
city  council  for  allowance.  The  city  clerk,  as  clerk  of  said 
board,  shall  keep  a record  of  all  the  disbursements  made  on 
account  of  the  health  department.  Provided , that  said  board 
of  health  shall  not  have  authority  to  incur  any  expense  in  ex- 
cess of  the  appropriation  for  that  purpose  previously  made, 
without  the  authority  of  the  city  council  first  had  and  obtained. 

938.  Report  to  Council.]  § 12.  Said  board  shall  from 
time  to  time  recommend  to  the  city  council  such  measures  as 
it  may  deem  necessary  to  promote  and  secure  the  health  of 
the  city,  and  to  prevent  the  introduction  and  spread  of  danger- 
ous contagious,  malignant  and  infectious  diseases;  and  said 
board  shall  yearly,  on  or  before  the  first  day  of  February,  re- 
port to  the  city  council  a full  and  accurate  statement  of  all 
expenses  incurred  in  the  discharge  of  its  sanitary  duties,  and 
said  board  and  the  commissioner  of  health  shall  at  the  same 
time  make  a detailed  statement  of  their  operations  for  the  pre- 
ceding year,  with  such  suggestions  and  recommendations  as 
they  may  deem  fit  and  proper. 


Ordinances. 


424 


ARTICLE  II. 


THE  COMMISSIONER  OF  HEALTH. 


Section. 

939.  Commissioner— Term  of  Office. 

940.  Appointment  of  Commissioner. 

941.  Qualifications— Bond. 

942.  Sanitary  Control. 

943.  Advice — Contagious  Disease. 

944.  Nuisances— Duties  and  Powers. 

945.  Nuisances — Abatement  of. 

946.  Contagious  Disease— Notice — Penalty 


for  Removal. 


Section. 

947.  Contagious  Disease— Care  of  Patient. 

948.  Record  of  Births,  Etc. 

949.  Births— Return  of— Penalty. 

950.  Burial  Permit — Penalty. 

951.  Burial  Permit— Application  for. 

952.  Monthly  Report — Register — Certificates 


to  be  Sent  to  County  Clerk. 


939.  Commissioner — Term  of  Office.]  § 1.  There  is 
hereby  created  the  office  of  commissioner  of  health,  who  shall 
be  the  chief  executive  officer  of  said  department  of  health,  and 
shall  have  the  supervision  and  management  of  all  matters  and 
things  pertaining  thereto.  He  shall  hold  his  office  for  the 
term  of  two  years,  and  until  his  successor  shall  be  appointed 
and  qualified. 

940.  Appointment  of  Commissioner.]  § 2.  Said  com- 
missioner shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Tuesday  in 
May,  1892,  or  as  soon  thereafter  as  may  be,  which  appoint- 
ment shall  be  for  o»e  year,  and  until  his  successor  is  appointed 
and  qualified;  and  thereafter  the  appointment  shall  be  made  on 
the  first  Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may 
be,  and  biennially  thereafter. 

941.  Qualifications — Bond.]  § 3.  Said  commissioner 
of  health  shall  be  regularly  registered  and  authorized  under 
the  laws  of  the  State  of  Illinois  to  practice  medicine,  and  in 
good  standing  in  his  profession,  and  before  entering  upon  his 
duties  shall  execute  a bond  to  the  City  of  Peoria  in  the  sum 
of  five  thousand  dollars,  with  sureties  to  be  approved  by  the 
city  council,  conditioned  for  the  faithful  performance  of  the 
duties  of  such  office. 


Department  of  Health. 


425 


942.  Sanitary  Control.]  § 4.  Said  commissioner  shall 
have  and  exercise  a general  supervision  over  the  sanitary  con- 
dition of  the  city,  and  the  inspection  of  food,  and  he  shall  see 
that  all  regulations  and  orders  of  the  board  of  health  relative 
thereto  are  obeyed  and  enforced. 

943  Advice — Contagious  Disease.  | § 5.  The  com- 
missioner of  health  shall  give  to  the  mayor  and  other  city 
authorities,  all  such  professional  advice  and  information  as  they 
may  require,  with  a view  to  the  preservation  of  the  public 
health,  and  for  the  prevention  of  the  sale  for  food  of  any  arti- 
cle unfit  therefor;  and  whenever  he  shall  hear  of  the  existence 
of  any  malignant,  contagious,  infectious  or  pestilential  disease, 
he  shall  immediately  investigate  the  same  and  adopt  measures 
to  arrest  its  progress,  and  shall  report  the  same  to  the  board 
of  health. 

944.  Nuisances — Duties  and  Powers.]  § 6.  It  shall 
be  the  duty  of  the  commissioner  of  health  to  enforce  all  the 
laws  of  the  State,  and  ordinances  of  the  city,  in  relation  to  the 
sanitary  regulations  of  the  city,  and  to  cause  all  nuisances,  so 
declared  to  be  by  law,  or  the  ordinances  of  the  city,  or  the 
regulations  of  the  board  of  health,  to  be  abated  with  all 
reasonable  promptness. 

945.  Nuisances — Abatement  of — Penalty.]  § 7.  It 

shall  be  the  duty  of  the  commissioner  of  health  to  serve  or 
cause  to  be  served  a notice,  in  writing,  upon  the  owner,  occu- 
pant or  agent  of  any  lot,  building  or  premises  in,  or  upon 
which  any  nuisance  may  be  found,  or  who  may  be  the  owner 
or  cause  of  such  nuisance,  requiring  them  to  abate  the  same 
in  such  manner  as  he  shall  prescribe,  within  a reasonable  time 
to  be  stated  in  such  notice:  Provided , that  it  shall  not  be  nec- 
essary in  any  case  for  said  commissioner  to  specify  in  his 
notice  the  manner  in  which  anynuisance  shall  be  abated,  un- 
less he  shall  deem  it  advisable  so  to  do;  and,  such  notice  may 


426 


Ordinances. 


be  given  or  served  by  any  officer  who  may  be  directed  or 
deputed  to  give  or  make  the  same;  and,  if  such  owner,  occu- 
pant or  agent  shall  neglect  or  refuse  to  comply  with  the  re- 
quirements of  such  order  within  the  time  specified,  they  shall 
be  subject  to  a fine  of  not  less  than  five  dollars,  nor  more  than 
fifty  dollars  for  every  such  violation,  and  each  and  every  day 
which  any  such  owner,  occupant  or  agent  shall  neglect  or  re- 
fuse to  comply  with  the  requirements  of  any  such  order  after 
the  expiration  of  the  time  specified  in  any  such  notice,  shall  be 
deemed' and  taken  as  a separate  and  distinct  violation  of  this 
section,  and  it  shall  be  the  duty  of  said  officer  to  proceed  at 
once,  upon  the  expiration  of  the  time  specified  in  such  notice, 
to  cause  such  nuisance  to  be  abated;  and,  provided  further, 
that  whenever  the  owner,  occupant  or  agent  of  premises,  in  or 
upon  which  any  nuisance  may  be  found,  is  unknown  or  can- 
not be  found,  the  said  commissioner  shall  proceed  to  abate  the 
same  without  notice;  and,  in  either  case  the  expense  of  such 
abatement  shall  be  collected  from  the  person  who  may  have 
created,  continued  and  suffered  such  nuisance  to  exist. 

946.  Contagious  Disease — Notice  to  be  Given — Pen- 
alty for  Removal.]  § 8.  It  shall  be  the  further  duty  of  the 
commissioner  of  health  to  visit  and  examine,  or  cause  to  be 
visited  and  examined,  all  sick  persons  who  shall  be  reported 
to  him  as  laboring,  or  supposed  to  be  laboring,  under  any  con- 
tagious, infectious,  pestilential  or  epidemic  disease,  and  such 
commissioner  shall  cause  a notice,  or  notices,  printed  or  writ- 
ten in  large  letters,  to  be  placed  upon  or  near  any  house  in 
which  any  person  may  be  affected  or  sick  with  any  such  con- 
tagious, infectious,  pestilential  or  epidemic  disease,  upon  which 
shall  be  written  or  printed,  the  name  of  the  disease  with  which 
such  person  is  affected;  and  if  any  person  or  persons  shall  de- 
face, alter,  mutilate,  destroy  or  tear  down  such  notice,  without 
the  permission  of  the  commissioner  of  health,  such  person,  or 
persons  shall  be  liable  for  each  offense  to  pay  a fine  of  not  less 
than  five  dollars,  nor  more  than  fifty  dollars;  the  occupant  of 


Department  of  Health  427 

any  house  upon  which  such  notice  shall  be  placed  or  posted, 
as  aforesaid,  shall  be  responsible  for  the  removal  of  the  same, 
and  if  the  same  shall  be  removed  without  the  permission  of 
the  commissioner  of  health,  such  occupant  shall  be  subject  to 
a like  fine  of  not  less  than  five  dollars,  nor  more  than  fifty  dol- 
lars, unless  he  shall  notify  the  commissioner  of  health  within 
twenty-four  hours  after  the  removal  of  said  notice. 

947.  Contagious  Disease — Care  of  Patients.]  § 9. 

That  the  commissioner  of  health,  upon  the  consent  of  the 
board  of  health,  shall,  when  he  deems  it  advisable,  cause  any 
person  within  the  city,  having  any  contagious,  infectious  or 
pestilential  disease,  to  be  removed  to  the  pest  house,  hospital, 
or  to  some  other  safe  and  proper  place,  where  danger  from 
contagion  will  be  avoided,  and  shall  provide  suitable  medical 
and  other  attendance  for  such  person,  at  the  expense  of  the 
person  infected,  if  able  to  pay  the  same,  and  if  not,  at  the  ex- 
pense of  the  city:  Provided,  that  if  such  person,  being  a res- 
ident of  the  city,  shall  refuse  to  be  removed,  or  if  his  condition 
be  such  that,  in  the  opinion  of  his  attending  physician,  re- 
moval would  be  attended  with  danger  to  his  life,  then  such 
measures  shall  be  taken  by  the  commissioner  of  health  as  may 
be  deemed  most  advisable  to  prevent  the  spreading  of  the 
pestilence. 

948.  Record  of  Births,  Etc.]  § 10.  It  shall  be  the 
duty  of  the  commissioner  of  health  to  establish  and  keep  an 
accurate  register  of  births,  deaths  and  interments,  occuring  in 
the  city  for  the  purpose  of  legal  and  geneological  investigation, 
and  to  furnish  facts  for  statistical,  scientific  and  sanitary  in- 
quiries, and  to  issue  all  burial  permits. 

949.  Births — Return  of — Penalty.]  §11.  It  shall  be 
the  duty  of  every  physician  and  midwife,  to  report  to  the  com- 
missioner of  health  of  the  city,  on  or  before  the  first  day  of  each 
and  every  month,  the  births  of  all  children,  delivered  by  him  or 
her  during  the  month  preceding,  which  reports  of  births  shall 


428 


Ordinances. 


be  made  in  conformity  with  the  rules  and  regulations  of  the 
state  board  of  health  of  this  State;  and  in  case  there  be  no  at- 
tendant physician,  or  midwife  at  any  birth  within  the  city,  then 
it  shall  be  the  duty  of  every  resident  householder  where  such 
birth  shall  occur  to  make  such  return;  and  every  physician, 
midwife  or  householder  who  shall  neglect  or  refuse  to  make 
the  report  herein  required  within  thirty  days  from  the  time 
of  any  such  birth  shall  be  subject  to  a penalty  of  ten  dollars 
for  every  such  offense. 

9i0.  Burial  Permit — Penalty.]  § 12.  No*  burial,  in- 
terment or  cremation  of  any  human  body  shall  take  place  in, 
or  from,  the  city  of  Peoria,  nor  shall  the  dead  body  of  any 
person  be  removed  from  said  city  of  Peoria,  without  a permit 
for  such  burial  or  removal  shall  have  been  first  procured  from 
the  commissioner  of  health,  in  the  manner  hereinafter  pro- 
vided; and,  any  undertaker,  sexton  or  other  person  engaged 
or  concerned  in  any  burial,  interment  or  cremation,  contrary 
to  the  provisions  hereof,  or  who  shall  forge  the  name  of  any 
physician,  coroner,  or  other  person  to  a certificate  of  death,  or 
burial  permit,  and  the  officers  or  employes  of  any  transporta- 
tion company,  or  any  other  person,  or  persons  engaged  in  the 
removal  of  any  dead  body  from  said  city,  contrary  to  the  pro- 
visions hereof,  shall,  upon  conviction,  be  fined  not  less  than 
ten  dollars,  for  each  such  offense. 

951.  Burial  Permit — Application  for.]  § 13.  Any  per- 
son, applying  for  a burial  permit,  shall  file  with  the  commis- 
sioner of  health  a certificate,  in  writing,  signed  by  the  attend- 
ing  physician,  or,  if  there  be  an  inquest,  signed  by  the  coroner, 
such  as  is  required  by  the  rules  and  regulations  of  the  state 
board  of  health  of  the  State  of  Illinois;  and  if  there  be  no  at- 
tending physician  and  no  inquest,  then  the  commissioner  of 
health,  shall  investigate  the  cause  and  circumstances  of  such 
death,  and  if  satisfied  thereof,  make  such  certificate,  or  other- 
wise refer  the  same  to  the  coroner  for  investigation.  Upon 


Department  of  Health. 


429 

the  filing  of  such  certificate,  the  commissioner  of  health  shall 
issue  a burial  permit  therefor,  but  under  no  other  circum- 
stances whatever.  And  upon  a like  certificate  said  commis- 
sioner shall  issue  a permit  to  remove  a dead  body  from  the 
city. 

952.  Monthly  Report — Register — Certificate  of  Births 
and  Deaths  Sent  to  County  Clerk.]  § 14.  Said  com- 
missioner of  health  shall  enter  in  a suitable  book,  to  be  kept  in 
his  office  for  that  purpose,  a register  of  all  permits  so  issued, 
specifying  the  date  of  issue,  and  to  whom  issued,  together 
with  all  the  items  of  information  contained  in  the  certificate 
upon  which  such  permits  were  issued.  He  shall  on  the  first 
Monday  of  each  month,  submit  to  the  city  council  a report,  in 
writing,  stating  the  number  of  burial  permits  issued,  the  num- 
ber of  interments  in  each  cemetery,  with  the  cause  of  death, 
and  such  other  facts  as  may  be  of  public  interest  or  benefit; 
and  he  shall,  at  the  same  time,  forward  to  the  county  clerk  of 
Peoria  county,  all  of  said  certificates  of  births,  and  deaths  re- 
ceived by  him  during  the  preceding  month. 

ARTICLE  III. 

THE  FOOD  INSPECTOR 
Section. 

959.  Obstruction— Penalty. 

960.  Power  to  Arrest. 

961.  Monthly  Report  to  Board  of  Health. 

962.  Dairies — Inspection  of. 

963.  Sale  of  Unwholesome  Food — Penalty. 

964.  Meats  to  be  Inspected— Penalty. 


Section. 

953.  Food  Inspector. 

954.  Appointment. 

955.  Bond. 

956.  Powers  and  Duties. 

957.  Unwholesome— Seizure  and  Condem- 

nation. 

958.  May  Enter  Premises  and  Examine 

Food. 


953.  Food  Inspector,]  § 1.  There  is  hereby  created 
the  office  of  food  inspector,  who  shall  make  all  inspections  of 
all  substances  and  materials  used  for  human  food.  He  shall 
hold  his  office  for  the  term  of  two  years  and  until  his  successor 
is  apointed  and  qualified. 


430 


Ordinances 


954.  Appointment.]  § 2.  Said  food  inspector  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as 
soon  thereafter  as  may  be,  which  appointment  shall  be  for  the 
term  of  one  year  and  until  his  successor  is  appointed  and 
qualified;  and  thereafter  the  appointment  shall  be  made  on  the 
first  Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may  be, 
and  biennially  thereafter. 

955.  Bond.]  § 3.  Said  food  inspector  shall,  before  en- 
tering upon  the  duties  of  the  office,  execute  a bond  to  the  city 
of  Peoria,  in  the  sum  of  three  thousand  dollars,  with  sureties 
to  be  approved  by  the  city  council,  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office. 

956.  Powers  and  Duties.]  § 4.  Said  inspector  shall 
have  the  power,  and  it  shall  be  his  duty  to  inspect  all  slaughter 
houses,  stalls,  shops  and  places  of  business  where  meat,  game, 
fish,  milk,  vegetables,  or  other  substances,  or  material  for 
human  food  are  kept  stored  or  for  sale,  and  to  require  the 
owners  to  keep  such  places  in  a clean,  wholesome  condition; 
he  shall  inspect  all  cattle,  meat,  game,  fish,  fowls,  milk,  vege- 
tables, and  other  substances  and  material  used  for  human  food, 
and  shall  prevent  the  sale  for  food  of  the  flesh  of  any  unsound, 
diseased  or  crippled  animal,  or  animal  overheated  when  killed, 
or  of  any  animal,  fish,  bird,  or  fowl  that  may  have  died  of  dis- 
ease or  by  accident,  and  he  shall  prevent  the  sale  for  food  of 
any  substance  or  material  which  is  in  his  opinion  unwhole- 
some and  unfit  for  use  as  human  food,  or  adulterated,  or  in  a 
condition,  or  of  a quality,  in  any  ordinance  or  section  of  any 
ordinance  of  the  city,  condemned  or  forbidden. 

957.  Unwholesome — Seizure  and  Condemnation.]  § 5. 

When  any  cattle,  meat,  fish,  fowls,  milk,  vegetable,  or  other 
substance,  or  material  used  for  human  food,  is  found  upon 
inspection  to  be  tainted,  diseased,  corrupted,  or  unwholesome 


Department  of  Health.  431 

from  any  cause,  and  unfit  for  human  food,  or  adulterated,  or  in 
a condition,  or  of  a quality,  in  any  ordinance  of  the  city  con- 
demned or  forbidden,  said  food  inspector  shall  seize  the  same 
and  cause  it  to  be  destroyed  or  disposed  of,  otherwise  than  as 
food : Provided,  however,  that  if  the  owner  of  the  property 
seized,  shall  at  the  time  of  the  seizure  notify  said  food  inspec- 
tor, in  writing,  of  his  desire  to  appeal  to  the  commissioner  of 
health,  said  inspector  shall  cause  said  property,  so  seized,  to 
be  inspected  by  the  commissioner  of  health,  and  if  said  com- 
missioner of  health  shall  find  the  same  tainted,  diseased,  cor- 
rupted or  unwholesome  and  unfit  for  food,  or  adulterated,  or 
in  a condition,  or  of  a quality  in  any  ordinance  of  the  city  for- 
bidden, said  commissioner  of  health  shall  order  the  same  to 
be  destroyed  or  disposed  of,  otherwise  than  for  human  food; 
but  if  said  commissioner  of  health  shall  not  so  find,  the  same 
shall  be  forthwith  returned  to  the  owner.  All  money  received 
for  property  disposed  of  as  aforesaid  shall,  after  deducting  all 
necessary  expenses  incurred  by  reason  of  such  seizure,  be  paid 
to  the  owner  of  the  property  seized. 

958.  May  Enter  Premises  and  Examine  Food.]  § 6. 

Said  food  inspector  shall  be  authorized  and  allowed,  in  the 
proper  discharge  of  his  duties,  at  all  times,  to  enter  into  any 
grocery  store,  meat  shop,  hotel,  boarding  house,  saloon,  stable 
or  other  building  within  the  city,  and  no  butcher,  milk  dealer, 
green  grocer,  fruit  dealer  or  other  person  dealing  in  any  sub- 
stance or  material  used  for  human  food,  shall  refuse  to  allow 
the  food  inspector,  or  the  commissioner  of  health,  to  fully 
inspect  any  and  all  substances  and  materials  held,  offered  or 
intended  for  sale,  and  shall  answer  all  reasonable  and  proper 
questions  asked  by  such  person,  or  persons  relative  to  the 
condition  thereof,  place  where  such  substances  and  materials 
were  procured  and  of  whom.  The  fact  of  such  substances 
and  materials  being  found  in  the  possession  or  on  the  premises 
of  any  aforesaid  dealer,  shall  be  deemed  sufficient  evidence 
that  such  substances  and  materials  are  held  for  sale. 


432 


Ordinances. 


959.  Obstruction — Penalty.]  § 7.  Whoever  shall  di- 
rectly or  indirectly  resist,  obstruct  or  otherwise  interfere  with 
the  food  inspector  in  the  discharge  of  his  duties,  shall  in  either 
case,  be  subject  to  a fine  of  not  less  than  twenty- five  dollars, 
nor  more  than  one  hundred  dollars,  for  each  such  offense. 

960.  Power  to  Arrest.]  § 8.  Said  food  inspector  shall 
have  the  same  power  to  make  arrests  as  is  by  ordinance  and 
law  conferred  upon  the  regular  police  of  the  city,  in  all  cases 
where  any  person,  or  persons  shall  violate  the  statutes,  ordin- 
ances, or  rules  and  regulations,  relating  to  the  inspection  of 
food,  and  the  seizure  of  unwholesome  or  adulterated  food. 

961.  Monthly  Report  to  City  Council.]  § 9.  Said 

food  inspector  shall,  on  or  before  the  tenth  day  of  each  and 
every  month,  make  a detailed  report  to  the  city  council  of  all 
inspections  and  seizures  which  he  has  made  during  the  pre- 
ceding month. 

962.  Dairies — Inspection  of.]  § 10.  All  dairies,  in- 
cluding the  cows,  cow  stables,  milk  houses  and  milk  vessels, 
the  owner,  or  owners  of  which  offer  milk  for  sale  within  the 
corporate  limits  of  the  city,  shall  be  subject  to  inspection  by 
the  food  inspector,  who  shall  require  the  same  to  be  kept  in  a 
clean,  wholesome  condition.  Said  inspector  may  enter  any 
place  where  milk  is  sold  or  kept  for  sale,  and  all  carriages  or 
vehicles  used  in  the  conveyance  of  milk  within  the  city,  and 
whenever  he  has  reason  to  believe  milk  found  therein,  to  be 
impure  or  adulterated,  he  shall  take  a specimen  thereof  and 
subject  the  same  to  a satisfactory  test,  or  if  the  board  of  health 
shall  direct,  to  a chemical  analysis,  the  result  of  which  the 
commissioner  of  health  shall  record  and  preserve  as  evidence, 
and  a certificate  of  such  result,  sworn  to  by  the  analyzer,  shall 
be  admissible  in  evidence  in  all  prosecutions  under  this  chap- 
ter. 

963.  Sale  of  Unwholesome  Food — Penalty.]  §11.  Any 
person,  who  shall  bring  into  the  city  with  intent  to  sell  the 


Department  of  Health. 


433- 

same  for  human  food,  or  who  shall  sell,  expose,  or  offer  for 
sale  within  the  city  for  human  food,  any  sick,  diseased,  un- 
sound, or  crippled  animal,  fish,  bird  or  fowl,  or  the  flesh 
thereof,  or  the  fle^h  of  any  animal,  fish,  bird  or  fowl,  that  may 
have  died  of  any  disease  or  accident,  or  which  was  in  an  over- 
heated or  feverish  condition  when  killed,  or  any  blown,  cased, 
plaited,  raised,  stuffed,  putrid,  impure  or  unwholesome  meat, 
or  the  flesh  of  any  calf,  pig  or  lamb  under  four  weeks  old, 
or  the  flesh  of  any  animal  so  far  advanced  in  pregnancy 
as  to  make  the  meat  unfit  for  food,  or  the  flesh  of  any 
horse,  bull,  boar,  ram,  dog,  or  cat,  or  the  flesh  of  any  an- 
imal not  commonly  known,  or  used  as,  or  deemed  whole- 
some or  fit  for  food,  or  any  stale,  unsound,  damaged  or  un- 
wholesome vegetables,  fruit,  bread,  flour  or  other  article  of 
provisions  or  substance  or  material  used  for  human  food,  or 
any  milk  adulterated  with  water  or  other  substance,  or  milk 
from  diseased  cows,  or  from  cows  fed  upon  slop,  swill  or 
garbage,  or  milk  from  cows  for  the  most  part  kept  tied  up  in 
stables,  or  an}’  butter,  or  cheese  made  from  any  such  milk,  or 
any  adulterated  bread,  butter,  lard,  cheese,  or  other  article  or 
substance  used  for  human  food,  shall,  upon  conviction,  be 
fined  not  less  than  ten  dollars,  nor  more  than  two  hundred 
dollars,  for  each  and  every  such  offense:  Provided \ that  each 
and  every  sale  or  offering  or  exposing  to  sale  of  said  unsound,, 
unwholesome  or  adulterated  article,  as  aforesaid,  shall  consti- 
tute a separate  and  distinct  offense  under  this  section:  Pro- 
vided, also,  that  all  articles  exhibited  or  kept  at  any  place 
within  the  city  where  such  articles  are  usually  kept  for  sale,, 
whether  the  same  be  sold  or  not,  shall  be  deemed  an  exposure 
for  sale  within  the  meaning  of  this  section:  And,  Provided, 
further,  such  offender  shall  forfeit  any  license  or  permit  he 
may  hold  from  the  city  for  dealing  in  articles  of  food  within 
the  city. 

964-  Meat  to  be  Inspected — Penalty.]  § 12.  It  shall 

be  unlawful  for  any  person  to  sell,  expose,  or  offer  for  sale, 

29 


434 


Ordinances. 


for  human  food,  within  the  said  city,  the  flesh  of  any  animal, 
unless  the  same  has  been  previously  inspected  and  approved 
by  the  food  inspector  of  said  city  as  wholesome  and  fit  for 
human  food,  and  any  person  violating  this  section  shall  upon 
conviction  be  fined  not  less  than  twenty-five  dollars,  nor  more 
than  two  hundred  dollars,  for  every  such  offense. 


Chapter  VII. 

BOARD  OF  POLICE  AND  EIRE 
COMMISSIONERS. 


Section. 

965.  Department  Created. 

966.  Powers  and  Duties  of  Board. 

967.  Removals  for  Cause  Only — Notice — 

Hearing. 

968.  Removals— How  Made. 

969.  Right  of  Appeal — Record  to  Follow — 

Where  to  be  Filed. 


Section. 

970.  Appeal— Decision  of  Council  on,  Final 

— How  Made. 

971.  Final  Result— Person  Accused— Re-in- 

statement of. 

972.  Separate  Record — Board  to  Keep. 

973.  City  Clerk  to  Act  as  Secretary  of  Board 

-When. 


965-  Department  Created.]  §1.  There  is  hereby 
established  an  executive  department  of  the  municipal  govern- 
ment of  the  city  of  Peoria,  which  shall  be  known  as  the  “Board 
of  Police  and  Fire  Commissioners,”  which  shall  be  composed 
of  the  mayor  and  two  reputable  citizens  who  shall  be  taken  one 
from  each  of  the  two  dominant  political  parties;  said  board  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as  soon 
thereafter  as  may  be,  which  appointment  shall  be  for  the  period 
of  one  year,  and  until  their  successors  are  appointed  and  quali- 
fied and  thereafter  said  board  shall  be  appointed,  at  the  first 
.regular  meeting  of  the  city  council  in  May,  1893,  and  bien- 
nially thereafter,  and  said  board  shall  serve  without  pay. 


Police  and  Fire  Commissioners. 


435 


966.  Powers  and  Duties  of  Board.]  § 2.  Said  board 
shall  have  the  appointment  of  all  the  subordinate  employes 
and  officers  of  the  police  and  fire  departments  of  the  city  of 
Peoria,  whose  appointment  is  not  otherwise,  by  ordinance, 
provided  for,  and  may,  for  just  cause,  remove  any  person  so 
appointed. 

967.  Removal  for  Cause  Only — Notice — Hearing.]  § 

3.  No  removal  of  any  appointee  from  any  positon  mentioned 
in  section  2,  of  this  article,  shall  be  made  on  account  of  any 
political  opinion  or  affiliation  whatever,  but  said  board  shall 
have  power  to  remove  any  member,  or  officer,  so  appointed, 
in  either  of  said  departments,  upon  good  and  sufficient  cause 
shown,  affecting  the  efficacy,  or  discipline,  of  either  of  said 
departments.  Provided , that  no  such  removal  shall  be  made 
except  in  the  manner  hereafter  prescribed. 

968.  Removals — How  Made.]  § 4.  Before  any  per- 
son, so  appointed,  to  a position  in  either  of  said  departments, 
is  removed,  or  discharged  therefrom,  specific  charges  in  writ- 
ing shall  be  preferred  against  such  person,  and  filed  with  some 
member  thereof,  and  thereupon  it  shall  be  the  duty  of  said 
board,  within  five  days  after  the  filing  of  said  charges,  to 
cause  a copy  of  the  same  to  be  served  upon  the  officer,  or  em- 
ploye of  said  department,  against  whom  they  are  made,  and 
with  said  copy  to  cause  notice  to  be  given,  when  a hearing 
will  be  given  by  said  board  upon  said  charges,  which  hearing 
shall  not  be  earlier  than  three  days  after  the  service  of  such 
notice,  nor  later  than  ten  days  after  the  filing  of  such  charges 
with  said  board,  said  notice  shall  also  fix  the  hour  and  place 
where  said  hearing  will  be  had:  Provided , that  said  board 
may,  on  their  own  motion,  or  for  good  cause  shown,  adjourn 
said  hearing,  for  any  time,  not  exceeding  three  days  at  any 
one  time;  and  provided,  further,  that  no  more  than  one  ad- 
journment shall  be  taken  or  allowed,  for  the  same  cause. 
Upon  the  hearing,  the  said  board  shall  hear  all  the  evidence 


436 


Ordinances. 


offered,  touching  the  specific  charges  so  preferred,  and  have 
the  same  reduced  to  writing,  and  on  the  evidence  so  taken, 
decide,  and  find  upon  the  charges,  according  to  right  and 
justice;  and  if  said  charges  are,  in  the  opinion  of  a majority  of 
said  board,  sustained,  it  shall  immediately  remove  the  person 
against  whom  the  said  charges  were  preferred,  from  the  ser- 
vice of  the  department  in  which  he  was  employed. 

969.  Right  of  Appeal — Record  to  Follow — Where  to 

be  Filed.]  § 5.  The  person  preferring  any  such  charges, 
and  the  person  against  whom  they  are  preferred,  shall  have 
the  right  of  appeal  from  the  decision  of  said  board  upon  any 
such  investigation,  to  the  city  council  at  the  next  regular  meet- 
ing thereof,  occuring  not  less  than  five  days  after  any  such  de- 
cision shall  be  made,  upon  filing  notice  with  the  secretary  of 
said  board  that  an  appeal  is  desired;  and  thereupon  it  shall  be 
the  duty  of  said  board  to  at  once  transmit  to  the  city  clerk  all 
evidence,  and  other  matters  in  said  cause,  on  which  their  de- 
cision was  made.  It  shall  be  the  duty  of  the  city  clerk  to 
receive,  and  keep  from  view,  or  molestation,  every  such 
record,  so  entrusted  to  his  care,  and  to  lay  the  same  before 
the  city  council,  at  the  meeting  thereof,  to  which  said  appeal 
is  taken,  and  to  carefully  keep  and  preserve  the  same  until 
said  appeal  is  finally  heard  and  disposed  of  by  the  city  coun- 
cil. Upon  the  presentation  of  any  such  record  by  the  city 
clerk,  the  city  council  shall,  not  later  than  the  next  regular 
meeting  of  said  council,  hear  and  dispose  of  said  appeal,  upon 
the  record  as  so  presented. 

970-  Appeal — Decision  of  Council  on,  Final — How 

Made.]  § 6.  The  record  in  any  such  appeal  shall  be  read  in 
full  by  the  clerk,  to  the  city  council,  and  in  open  meeting  of 
the  same,  and  all  such  appeals  shall  be  disposed  of  by  the 
council,  in  the  manner  herein  provided,  and  without  delay, 
and  upon  the  review  of  said  record  by  said  council,  the  ques- 
tion for  decision  by  such  body,  shall  be,  “ Shall  the  finding  of 


Police  and  Fire  Commissioners. 


437 


the  board  of  police  and  fire  commissioners  in  this  appeal  be 
sustained,”  upon  which  question  a yea  and  nay  vote  shall  be 
ordered,  and  no  member  of  the  city  council  shall  be  excused 
from  voting  thereon;  and  in  case  of  a tie  vote  the  question 
shall  be  decided  in  the  mannner  provided  by  law,  in  other 
cases.  The  result  of  such  vote  shall  be  conclusive  and  final 
of  all  such  matters,  and  shall  be  entered  in  full  upon  the  jour- 
nal of  the  proceedings  of  the  city  council. 

971-  Final  Result — Person  Accused — Re-instatement 
of.]  § 7.  If  upon  said  final  hearing,  by  the  city  council,  the 
decision  of  said  board  of  commissioners,  shall  not  be  sustained, 
the  person  accused  shall  be  re-instated  by  said  board,  without 
loss  of  pay,  but  if  said  finding  shall  be  sustained  by  the  city 
council,  the  person  so  adjudged,  shall  be  deemed  to  have  been 
dismissed  from  the  employment  of  the  city,  and  shall  not  be 
entitled  to  any  pay  or  compensation  whatever,  from  the  date 
of  the  finding  of  said  board  upon  any  such  investigation. 

972.  Separate  Record— Board  to  Keep.]  § 8.  Said 
board  of  police  and  fire  commissioners,  shall  keep,  or  cause  to 
be  kept,  in  substantial  and  well  bound  books,  to  be  provided 
by  the  city  for  that  purpose,  separate  records  of  all  the  ap- 
pointments, in  the  police  and  fire  departments  of  the  city, 
authorized  by  law,  or  ordinance,  to  be  made  by  said  board,  in 
which  shall  be  entered  in  a neat  and  legible  manner,  the  name 
of  the  person  appointed,  their  age  and  nationality,  place  of 
residence  and  date  of  such  appointment,  and  to  what  position, 
or  office  any  of  their  said  appointments  are  made.  They  shall 
also  in  like  manner  keep  a record  of  all  investigations,  by  their 
board,  of  all  officers,  or  employes,  in  each  of  said  departments, 
appointed  by  them,  and  the  disposition  of  the  same. 

973.  City  Clerk  to  be  Secretary  of  Board — When.] 

§ 9.  Upon  investigation  by  said  board,  of  any  charges 
against  any  officer,  or  employe,  as  aforesaid,  in  either  of  said 
departments,  the  city  clerk  of  the  city  of  Peoria,  shall  perform 


438 


Ordinances. 


the  duty  of  secretary  to  said  board,  and  shall  have  power  to 
administer  oaths  to  all  witnesses,  testifying  before  said  board 
upon  any  such  investigation. 


Chapter  VIII, 

THE  POLICE  DEPARTMENT. 


Article. 

I.  Superintendent  of  Police. 

II.  Captain  of  Police. 

III.  Sergeant  of  Police. 

IV.  Police  Matron. 


Article. 

V.  Police. 

VI.  City  Prison. 

VII.  House  of  Correction. 


ARTICLE  I. 

SUPERINTENDENT  OF  POLICE. 


Section. 

974.  Department  Established. 

975.  Superintendent— Term  of. 

976.  Appointment. 

977.  Bond. 

978.  Powers  and  Duties  of. 

979.  Duties  of. 

980.  Attend  Fires. 

981.  Report  to  Mayor. 

982.  Custody  of  City  Hall. 


Section. 

983.  Detail  Police  as  Sanitary  Officers— 

When. 

984.  Monthly  Reports. 

985.  Records  of  Office. 

976.  Patrol  Wagon  and  Ambulance — 
Control  of. 

987.  Shall  Notify  City  Attorney  of  Suits, 

Etc. 

988.  Annual  Estimate  to  Comptroller. 

989.  Shall  Wear  Uniform. 


974.  Department  Established.]  § 1.  There  is  hereby 
established  in  an  executive  department  of  the  municipal  gov- 
ernment of  the  city  of  Peoria,  which  shall  be  known  as  the 
police  department,  and  shall  embrace  one  superintendent 
of  police,  one  captain  of  police,  one  sergeant  of  police,  one 
police  matron,  and  thirty-eight  police  patrolmen,  and  such  other 
number  of  police  patrolmen  as  may  hereafter,  from  time  to 
time,  be  fixed  by  the  city  council. 


Police  Department. 


439 


975.  Superintendent — Term  of.]  § 2.  There  is  hereby 
created  the  office  of  superintendent  of  police  of  said  city.  He 
shall  be  the  chief  of  the  police  department  and  shall  hold  his 
office  for  the  term  of  two  years,  and  until  his  successor  shall 
be  appointed  and  qualified. 

976.  Appointment.]  § 3.  The  superintendent  of  police 
shall  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Tuesday  in  May,  1892, 
or  as  soon  thereafter  as  may  be,  which  first  appointment  shall 
be  for  the  term  of  one  year  and  until  his  successor  is  ap- 
pointed and  qualified;  and  thereafter  said  appointment  shall 
be  made  on  the  first  Tuesday  in  May,  1893,  or  as  soon  there- 
after as  may  be,  and  biennially  thereafter. 

977.  Bond  .]  § 4.  He  shall  before  entering  upon  the 

duties  of  his  office,  execute  a good  and  sufficient  bond  to  the 
city  of  Peoria,  in  the  penal  sum  of  five  thousand  dollars,  with 
sureties  to  be  approved  by  the  city  council,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  as  pre- 
scribed by  law  and  the  ordinances  of  said  city. 

978.  Powers  of.]  § 5.  He  shall,  in  subordination  to 
the  mayor,  have  the  full  management  and  control  of  the  police 
department  of  the  city,  and  all  regulations  and  orders  of  said 
department  shall  be  promulgated  through  him.  All  subor- 
dinate members  and  officers  of  said  department  shall  be  sub- 
ject to  such  rules  and  regulations  as  shall,  from  time  to  time, 
be  prescribed  by  said  superintendent,  with  the  concurrence  of 
the  board  of  police  and  fire  commissioners. 

979.  Duties  of.]  § 6.  He  shall  devote  his  entire  time 
to  the  discharge  of  the  duties  of  his  office,  and  shall  be  charged 
with  the  preservation  of  the  peace,  order,  safety  and  cleanli- 
ness of  the  city,  and  to  this  end  he  shall  execute  and  enforce 
all  ordinances  and  police  regulations  of  said  city,  and  orders 
of  the  city  council  and  mayor. 


44° 


Ordinances. 


980.  Attend  fires.]  § 7 • He  shall  be  charged  with 
the  duty  of  protecting  the  rights  of  persons  and  property  and 
providing  proper  police  protection  at  every  fire.  He  shall  also 
take  notice  of  all  nuisances  and  take  proper  steps  to  abate  the 
same.  He  shall  cause  to  be  removed  all  impediments  and  ob- 
structions in  the  streets,  avenues,  alleys  and  public  places  of 
the  city,  or  cause  immediate  notice  thereof  to  be  given  to  the 
proper  officer  whose  duty  it  may  be  to  attend  to  the  same, 
according  to  the  ordinances  of  the  city. 

981.  Report  to  Board.]  § 8.  He  shall  promptly  report 
in  writing  to  the  board  of  police  and  fire  commissioners  any 
member  of  the  police  force  who  is  guilty  of  drunkenness, 
neglect  of  duty,  disobedience  of  orders,  violation  of  the  stand- 
ing rules  and  regulations  of  the  police  department,  or  other 
conduct  unbecoming  an  officer,  and  during  the  pendency  of 
any  formal  charges  against  any  subordinate  officer  of  said 
department,  he  may  suspend  such  officer  from  duty  until  such 
charges  are  investigated. 

982.  Custody  of  City  Hall.]  § 9.  He  shall  attend, 

either  in  person  or  by  deputy,  all  meetings  of  the  city  council, 
and  he  shall  have  the  care  and  custody  of  the  city  hall,  and 
shall  cause  the  council  chamber  to  be  kept  clean  and  in  good 
order.  He  shall  also  serve  all  warrants,  or  other  legal  process, 
required  to  be  served  by  him,  by  law,  or  ordinance  of  the  city. 

983-  Detail  Police  as  Sanitary  Officers — When.]  § 10. 

The  superintendent  of  police  shall,  when  requested  by  the 
health  department,  and  directed  by  the  mayor  so  to  do,  detail 
not  to  exceed  two  policemen,  to  act  in  the  capacity  of  sanitary 
officers,  and  when  so  acting,  said  officers  shall  be  under  the 
direction  and  authority  of  the  commissioner  of  health,  and 
shall  act  in  such  capacity  as  long  as  required  by  said  health 
department,  or  until  relieved  from  said  duty  by  the  mayor. 

984.  Monthly  Report.]  §11.  He  shall  make  monthly 
reports  to  the  city  council,  or  oftener,  if  required,  in  writing, 


Police  Department. 


441 


of  the  state  of  the  police  department,  with  such  statistics  and 
suggestions  as  he  may  deem  advisable  for  the  improvement  of 
the  police  force,  its  discipline  and  government.  Such  report 
shall  also  show  the  number  of  arrests  made  by  the  police  force 
during  the  preceding  month,  the  name  of  each  person  arrest- 
ed, the  offence  charged,  the  magistrate  before  whom  tried,  the 
disposition  of  the  case,  the  amount  of  line  imposed,  if  any,  and 
the  amount  of  such  fine  collected. 

985.  Records  of  Office.]  § 12.  He  shall  have  general 
supervision  of  all  books,  records,  equipments  and  other  prop- 
erty belonging  to  the  police  department,  and  of  stolen  goods 
seized  and  detained  by  police  authority.  Upon  the  expiration 
of  his  term  of  office,  or  resignation,  or  removal  therefrom,  he 
shall  surrender  to  the  mayor,  or  his  successor  in  office,  all 
books,  records,  equipments,  property  and  other  effects  coming 
into  his  possesion  by  virtue  of  his  office. 

986.  Patrol  Wagon  and  Ambulance  — Control  of.] 

§ 13.  He  shall  have  the  care  and  custody,  subject  to  the  super- 
vision of  the  mayor  and  city  council,  of  the  police  patrol  wagon 
and  city  ambulance,  together  with  the  horses  and  equipments 
pertaining  thereto. 

987.  Shall  Notify  City  Attorney  of  Suits,  Etc.]  § 14. 

It  shall  be  the  duty  of  the  superintendent  of  police  to  cause 
the  city  attorney  to  be  informed  of  any  suits  instituted  by  him, 
or  through  his  department,  wherein  the  interests  of  the  city 
may  require  the  presence  of  said  attorney  at  the  trial  thereof. 

988.  Annual  Estimate,  to  Comptroller.]  § 15.  The 

superintendent  shall  prepare  and  submit  to  the  comptroller,  on 
or  before  the  first  day  of  January  of  each  year  an  estimate  of 
the  whole  cost  and  expense  of  providing  for  and  maintaining 
the  department  of  police  of  the  city  during  the  past  fiscal  year, 
which  report  shall  be  in  detail,  and  shall  be  laid  by  the  comp- 
troller, before  the  city  council,  at  the  same  time  with  the 
comptroller’s  annual  estimate. 


Ordinances. 


44  2 

989.  Shall  Wear  Uniform.]  § 1 6.  He  shall  wear  such 
uniform  to  be  provided  at  his  own  expense,  as  may  be  desig- 
nated by  the  city  council,  or  the  rules  and  regulations  of  said 
department,  indicative  of  his  relative  rank  in  the  police  de- 
partment. 


ARTICLE  II. 


CAPTAIN 

Section 

990.  Captain  of  Police— Term  of. 

991.  Appointment. 

992.  Bond. 

993.  Powers  and  Duties. 


OF  POLICE. 

Section 

994.  In  Absence  of  Superintendent  Shall 
Perform  Duties. 

995  Shall  Wear  Uniform. 


990.  Captain  of  Police — Term  of  Office.]  § 1.  There 
is  hereby  created  the  office  of  captain  of  police  of  the  city  of 
Peoria.  The  term  of  said  office  shall  be  for  two  years,  and 
until  his  successor  is  appointed  and  qualified. 

991.  Appointment.]  § 2.  The  captain  of  police  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as 
soon  thereafter  as  may  be,  which  first  appointment  shall  be  for 
the  term  of  one  year,  and  until  his  successor  is  appointed  and 
qualified;  and  thereafter  said  appointment  shall  be  made  on 
the  first  Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may 
be,  and  biennially  thereafter. 

992.  Bond.]  § 3.  He  shall,  before  entering  upon  the 
duties  of  his  office,  execute  and  deliver  to  said  city  a good  and 
sufficient  bond,  with  sureties  to  be  approved  by  the  city 
council,  in  the  penal  sum  of  three  thousand  dollars,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office, 
as  prescribed  by  the  ordinances  and  the  police  rules  and  reg- 
ulations of  said  city. 

993.  Powers  and  Duties.]  § 4.  He  shall  be  second  in 
command  of  the  police  department,  in  subordination  to  the 


Police  Department. 


443 


mayor  and  superintendent  of  police,  and  shall  have  special 
charge  of  the  police  department  during  the  night  time,  and  he 
shall  perform  such  other  and  further  duties  as  may  be  re- 
quired ot  him  by  the  mayor,  superintendent  of  police  and  the 
rules  and  regulations  of  said  police  department. 

994.  In  Absence  of  Superintendent  Shall  Perform 
Duties.]  § 5.  He  shall,  in  case  of  the  temporary  absence  or 
disability  of  the  superintendent  of  police,  possess  all  the  pow- 
ers, and  exercise  all  the  duties  of  said  superintendent. 

995  Shall  Wear  Uniform.]  § 6.  He  shall  wear  such 
uniform,  to  be  provided  at  his  own  expense,  as  may  be  desig- 
nated by  the  city  council,  or  the  rules  of  said  department,  in- 
dicative of  his  relative  rank  in  the  department. 

ARTICLE  III. 

SERGEANT  OF  POLICE. 


Section. 

996.  Sergeant  of  Police— Term  of. 

997.  Appointment. 

998.  Bond. 

999.  Shall  Keep  Record,  Etc. 

1000.  Register  ot  Arrests. 


Section. 

ioox.  Record  of  Complaints  Against  Police- 
men—Custody  of  Stolen  Goods,  Etc. 

1002.  Record  as  to  Electric  Lights. 

1003.  Reports. 

1004.  Shall  Wear  Uniform. 


996.  Sergeant  of  Police — Term  of  Office.]  § 1.  There 
is  hereby  created  the  office  of  sergeant  of  police.  The  term 
of  said  office  shall  be  for  two  years  and  until  his  successor  is 
appointed  and  qualified. 

997.  Appointment.]  § 2.  The  sergeant  of  police  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  con- 
sent of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or 
as  soon  thereafter  as  may  be,  which  first  appointment  shall 
be  for  the  term  of  one  year,  and  until  his  successor  is  ap- 
pointed and  qualified;  and  thereafter  said  appointment  shall 
be  made  on  the  first  Tuesday  in  May,  1893,  or  as  soon  there- 
after as  may  be,  and  biennially  thereafter. 


444 


Ordinances. 


998.  Bond.J  § 3.  The  sergeant  shall,  before  entering 
upon  the  duties  of  his  office,  execute  a good  and  sufficient  bond 
to  the  city  of  Peoria,  in  the  penal  sum  of  three  thousand  dol- 
lars, with  sureties  to  be  approved  by  the  city  council,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office, 
as  prescribed  by  the  ordinances  of  the  said  city. 

999.  Shall  Keep  Records,  Etc.]  § 4.  He  shall  be  the 
secretary  of  the  police  department,  and  shall,  under  the  direc- 
tion of  the  superintendent  of  police,  keep  the  books,  records 
and  accounts  of  said  department.  And  he  shall  perform  such 
other  and  further  duties  as  may  be  required  of  him  by  the 
mayor,  the  superintendent  of  police,  or  by  the  rules  and  regu- 
lations of  the  police  department. 

1000.  Register  of  Arrests,  Etc.]  § 5.  He  shall  keep  a 
neat  and  legible  record,  at  all  times  open  for  inspection,  which 
shall  state  the  names  of  persons  arrested,  and  their  place  of 
residence,  the  day  and  hour  of  said  arrest,  the  cause  of  arrest, 
when  and  where  detained  or  committed,  whether  released  on 
bail,  when  and  before  whom  examined  or  tried,  the  finding  of 
the  magistrate,  the  amount  of  the  fine  imposed,  if  any,  whether 
paid  or  unpaid,  if  not  paid,  when  and  where  worked  out,  term 
of  imprisonment,  if  any,  where  imprisoned  and  when  released. 
If  discharged,  by  whose  order  and  for  what  cause.  Said 
record  to  show  each  day’s  operations  separately. 

1001.  Record  of  Complaints  Against  Policemen — Cus- 
tody of  Stolen  Goods,  Etc.]  § 6.  He  shall  also  keep  a 
record  of  complaints  against  policemen,  and  of  time  lost  by 
policemen,  of  account  of  moneys  received  and  expended,  and 
for  what  purposes  expended,  of  suspected  persons  and  places, 
and  of  all  stolen  goods  and  property  seized  and  retained  by 
police  authority,  and  of  any  money,  property,  valuables  or 
weapons  taken  from  the  person  of  any  prisoner  under  arrest, 
and  the  disposition  of  the  same  and  under  whose  order. 


Police  Department 


445 


1002.  Record  as  to  Electric  Lights.]  § 7.  He  shall 
also  keep  a record  of  the  condition  and  efficiency  of  the  elec- 
tric lights  of  the  city  each  evening,  and  by  whom  reported. 

1003.  Reports.]  § 8.  He  shall  furnish  a detailed  wiit- 
ten  report  of  the  state  of  the  department  as  shown  by  his 
books  and  records  as  often  as  may  be  required  by  the  board 
of  police  and  fire  commissioners,  superintendent  of  police, 
mayor,  or  city  council.  And  at  the  expiration  of  his  term  of 
office  he  shall  deliver  to  his  successor  or  other  officer  desig- 
nated by  the  mayor,  all  books,  papers,  accounts,  documents, 
and  other  property  coming  into  his  hands  by  virtue  of  his 
official  position. 

1004.  Shall  Wear  Uniform.]  § 9.  He  shall  wear  such 
uniform,  to  be  provided  at  his  own  expense,  as  may  be  desig- 
nated by  the  mayor,  citv  council  or  the  police  regulations  of 
the  city,  indicative  of  his  relative  rank  in  the  department. 

ARTICLE  IV. 

POLICE  MATRON. 

Section.  Section. 

1005.  Police  Matron — Term  of.  1008.  Shall  Have  Charge  of  Female  Pris- 

1006.  Appointment.  oners. 

1007.  Bond.  1009.  Prohibited  from  Carrying  Mes- 

sages. 

1005.  Police  Matron — Term  of  Office.]  § i.  There  is 
hereby  created  the  office  of  police  matron.  The  term  of  said 
office  shall  be  for  two  years,  and  until  her  successor  is  ap- 
pointed and  qualified. 

1006.  Appointment.]  § 2.  The  police  matron  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as 
soon  thereafter  as  may  be,  which  appointment  shall  be  for  the 
term  of  one  year  and  until  her  successor  is  appointed  and 
qualified;  and  thereafter  s fid  appointment  shall  be  made  on 
the  first  Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may 
be,  and  biennially  thereafter. 


446 


Ordinances. 


1007.  Bond,  Etc.]  § 3.  She  shall,  before  entering  upon 
the  duties  of  her  office,  execute  and  deliver  to  said  city,  a good 
and  sufficient  bond  in  the  penal  sum  of  one  thousand  dollars, 
with  sureties  to  be  approved  by  the  city  council,  conditioned 
for  the  faithful  performance  of  th£  duties  of  her  office,  as 
prescribed  by  the  ordinances  and  police  rules  and  regula- 
tions of  said  city.  Said  police  matron  shall  be  subject  to  the 
direction  and  authority  of  the  mayor  and  superintendent  of 
police  at  all  times,  while  attending  to  the  duties  of  her  official 
position. 

1008.  Shall  Have  Charge  of  Female  Prisoners.]  § 4. 

The  police  matron  shall  have  charge  of  all  female  prisoners  in 
the  city  prison.  She  shall  make  all  examinations  of  the  per- 
sons and  effects  of  such  prisoners,  as  may  be  necessary,  sub- 
ject to  the  direction  of  the  superintendent  or  captain  of  police, 
and  turn  over  to  the  superintendent  of  police  for  safe  keeping, 
all  articles  that  may  be  taken  from  the  custody  of  such  pris- 
oner. She  shall  exercise  such  further  supervision  over  such 
female  prisoners,  while  they  are  in  custody,  as  may  be  neces- 
sary, and  make  such  recommendations  to  her  superior  officers, 
in  regard  to  their  care  and  welfare,  as  she  mav  deem  advis- 
able. 

1009.  Prohibited  From  Carrying  Messages.]  § 5. 

The  police  matron  is  hereby  prohibited  from  carrying  mes- 
sages, or  doing  any  business  for  any  prisoner,  other  than  is 
necessary  for  their  temporal  welfare,  without  the  special  con- 
sent of  the  superintendent  or  captain  of  police,  in  each  case 
requiring  the  same. 


Police  Department. 


447 


ARTICLE  V. 

POLICEMEN. 


Section. 

xoio.  Policemen— Appointment. 

1011.  Bond. 

1012.  Special  Policemen— Appointment  of. 

1013.  Duties. 

1014.  Powers  of  Arrest. 

1015.  Serve  Warrants,  Etc. 

1016.  May  Call  on  Bystander  to  Assist- 

Refusal— Penalty. 


Section. 

1017.  Give  Fire  Alarms  and  Attend  Fires. 

1018.  Neglect  of  Duty,  Etc.,— Penalty. 

1019.  Resisting  Officer — Penalty. 

1020.  Falsely  Impersonating  an  Officer — 

Penalty. 

1021.  Hackmen,  Etc.,  to  Obey  Command — 

Penalty. 

1022.  Shall  Procure  Uniform. 

1023.  Shall  Wear  Uniform. 


1010-  Police  Patrolmen,  Etc. — Appointment.]  § 1. 

Police  patrolmen,  and  all  other  officers  and  employes  of  the 
police  department,  whose  appointment  is  not  by  ordinance 
otherwise  provided  for,  shall  be  appointed  by  the  board  of 
police  and  fire  commissioners,  and  shall  hold  their  office,  until 
removed  by  said  board,  under  the  provisions  of,  and  in  the 
manner  provided  by  the  ordinances  of  the  city. 

1011.  Bond.]  § 2.  Each  police  patrolman  shall,  before 
entering  upon  the  duties  of  his  office,  give  a bond  to  the  city 
of  Peoria,  in  the  penal  sum  of  one  thousand  dollars,  with  such 
sureties  as  the  city  council  shall  approve,  conditioned  for  the 
faithful  performance  of  the  duties  of  police  patrolmen,  as  pre- 
scribed by  the  ordinances  of  said  city  and  the  rules  and  regu- 
lations of  said  department. 

1012.  Special  Policemen — Appointment  of.]  § 3.  The 

mayor  may,  on  special  occasions  when,  in  his  judgment,  it 
shall  be  necessary  for  the  preservation  of  the  peace  and  order 
of  the  city,  appoint  and  commission  such  number  of  special 
police  patrolmen  as  he  may  deem  necessary.  Said  special  po- 
lice patrolmen  shall  be  dismissed  as  soon  as  the  exigency  of 
their  appointment  shall  no  longer  exist.  And  during  the  term 
of  their  appointment,  said  special  police  patrolmen  shall  pos- 
sess the  powers  and  exercise  the  duties  of  regular  police 


448 


Ordinances. 


patrolmen  and  shall  receive  the  same  compensation.  But  the 
mayor  shall,  at  the  next  regular  meeting  of  the  city  council 
after  the  appointment  of  such  special  police  patrolmen  lay  be- 
fore the  council  the  names  and  number  of  said  special  police 
patrolmen  so  appointed,  and  the  cause  therefor,  and  if  the  acts 
of  the  mayor  in  making  said  appointments  are  not  approved 
and  confirmed,  said  special  police  patrolmen  shall  be  consid- 
ered and  held  to  be  at  once  dismissed  and  discharged. 

1013.  Duties.]  § 4.  The  several  members  of  the  police 
force,  when  on  duty,  shall  devote  their  entire  time  to  the 
proper  discharge  of  their  duties,  as  prescribed  by  the  ordin- 
ances of  the  city,  and  the  rules  and  regulations  of  the  police 
department.  And  it  shall  be  their  especial  duty  to  preserve 
order,  peace  and  quiet,  and  to  enforce  the  ordinances  through- 
out the  city. 

1014.  Power  of  Arrest.]  § 5.  The  police  patrolmen, 
together  with  the  superintendent  of  police,  captain  of  police 
and  sergeant  of  police,  shall  have  power  to  arrest  all  persons 
in  the  city  found  in  the  act  of  violating  any  law  or  ordinance, 
or  aiding  or  abetting  in  any  such  violation,  and  shall  arrest  all 
persons  found  under  suspicious  circumstances,  and  shall  take 
all  persons  so  arrested  to  the  city  prison  until  they  can  be 
brought  before  the  proper  magistrate  or  court  for  trial  or  ex- 
amination. 

1015.  Serve  Warrants,  Etc.]  § 6.  They  shall  have 
power  and  authority  and  it  shall  be  their  duty,  in  the  city  and 
outside  of  the  same,  when  necessary  and  lawful,  to  serve  and 
execute  warrants  and  other  legal  papers  for  the  apprehension 
and  commitment  of  persons  charged  with  the  violation  of  any 
city  ordinance,  or  any  crime,  or  misdemeanor,  or  offense 
against  the  laws  of  the  city,  or  state,  or  held  for  examination 
or  trial.  And  they  shall  also  have  power  and  authority,  and 
it  shall  be  their  duty  to  serve  and  execute  any  civil  process 
issued  by  any  court  in  which  the  city  is  a party,  and  while 


Police  Department. 


449 


serving,  or  executing,  or  assisting  in  the  service  or  execution 
of  any  such  warrant,  or  process,  they  shall  be  vested  with  ana 
have  all  the  powers  and  authority  conferred  on  constables  at 
common  law  and  by  the  laws  of  this  state. 

1016.  May  Call  on  Bystander  to  Assist — Refusal — 
Penalty.]  § 7.  Any  police  officer  of  this  city  may,  at  any 
time,  call  upon  any  able-bodied  male  person,  above  the  age  of 
twenty-one  years,  to  aid  him  in  arresting  or  taking  into  cus- 
tody any  person  guilty  of  having  committed  any  unlawful  act, 
or  charged  therewith,  or  aid  such  officer  in  preventing  the 
commission  of  any  unlawful  act.  And  whoever  shall  refuse 
or  neglect  to  give  such  aid  or  assistance,  when  so  requested, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars,  nor 
more  than  twenty-five  dollars,  for  each  offense. 

1017.  Give  Fire  Alarms  and  Attend  Fires.]  § 8.  ft 

shall  be  the  duty  of  the  police  patrolmen  to  aid  the  fire  de- 
partment by  giving  alarms  in  case  of  fire,  and  in^clearing  the 
streets,  or  grounds  in  the  immediate  vicinity  of  the  fire,  when- 
ever the  same  shall  be  necessary,  to  aid  the  firemen  in  the 
performance  of  their  duties. 

1018.  Neglect  of  Duty,  Etc.,— Penalty.]  § 9.  Any 

member  of  the  police  force,  who  shall  neglect,  or  refuse  to 
perform  any  duty  required  of  him  by  the  ordinances  of  the 
city,  or  the  rules  and  regulations  of  the  police  department,  or 
who  shall,  in  the  discharge  of  his  official  duties,  be  guilty  of 
any  fraud,  favoritism,  extortion,  oppression,  or  wilful  wrong 
or  injustice,  shall,  in  each  case,  be  subject  to  a fine  of  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars,  and  shall 
also  be  subject  to  removal  from  office  by  the  board  of  police 
and  fire  commissioners. 

1019.  Resisting  Officer — Penalty.]  § 10.  Whoever,, 
shall  resist  any  member  of  the  police  force,  in  the  discharge  of 
his  duty,  or  shall  in  any  way  interfere  with,  or  prevent  him 
from  discharging  his  duty,  or  shall  endeavor  to  do  so;  and 

30 


450 


Ordinances. 


whosoever  shall,  in  any  manner,  assist  any  person,  in  the  cus- 
tody of  any  member  of  the  police  force,  to  escape,  or  attempt 
to  escape  from  such  custody,  or  shall  attempt  to  rescue  any 
person  in  custody,  shall  be  fined  not  less  than  five  dollars,  nor 
more  than  one  hundred  dollars. 

1020.  Falsely  Impersonating  an  Officer  — Penalty.] 

§ ii.  Any  person  who  shall  falsely  personate  any  of  the 
members  of  the  police  department  of  this  city,  or  shall  mali- 
ciously, or  with  intent  to  deceive,  use  or  imitate  any  of  the 
signs,  signals  or  devices  used  by  any  officer  of  said  depart- 
ment, or  who,  not  being  a police  officer  shall  wear,  in  public, 
the  police  uniform,  or  shall  personate  or  represent,  falsely, 
that  he  is  a member,  or  officer  of  said  department,  shall  be 
subject  to  a fine  of  not  less  than  ten  dollars,  nor  more  than  one 
’hundred  dollars,  in  each  case. 

1021.  Hackmen,  Etc.,  to  Obey  Command  of— Penalty.] 

§ 12.  Draymen,  hackmen,  cabmen,  omnibus  drivers,  bag- 
gagemen, porters,  runners  and  other  persons,  when  at  or  about 
any  railroad  depot,  or  other  public  place  in  the  city,  shall  obey 
the  commands  and  directions  of  the  police  officer,  or  officers 
who  may  be  stationed,  or  doing  duty,  at  or  about  such  depot, 
or  other  public  places,  for  the  preservation  of  order  and  en- 
forcing the  oidinances.  Whoever  shall  refuse  to  obey  the 
commands  and  directions  of  a police  officer  as  aforesaid,  shall 
be  subject  to  a fine  of  not  exceeding  ten  dollars. 

1022.  Shall  Procure  Uniform.]  § 13.  That  hereafter 
the  police  force  of  the  city  of  Peoria  and  each  and  every 
member  thereof  shall,  within  thirty  days  after  his  appointment 
and  qualification,  procure  at  his  own  cost  and  expense  a uni- 
form. Such  uniform  shall  consist  of  such  articles  of  clothing, 
and  shall  be  made  in  such  manner  and  of  such  material  as  may 
be  prescribed  by  the  police  regulations,  or  the  mayor  of  said 
city.  The  buttons  and  insignia  of  rank  of  said  police  force 
shall  be  furnished  by  the  city,  and  remain  its  property,  and 


Police  Department. 


45i 


upon  the  resignation  or  removal  of  any  member  of  said  police 
force,  he  shall  surrender  the  same  to  the  mayor  or  superin- 
tendent of  police,  or  the  cost  of  the  same  shall  be  deducted 
from  his  pay. 

1023.  Shal  Wear  Uniform.]  § 14.  Each  and  every 
member  of  such  police  force  shall  at  all  times  wear  his  uni- 
form when  on  duty,  and  any  refusal,  or  neglect  on  the  part  of 
any  such  member  to  wear  his  uniform  as  herein  provided, 
shall  be  deemed  a good  and  sufficient  cause  for  his  removal. 

ARTICLE  VI. 

CITY  PRISON. 


Section.  Section. 

1024.  Established.  1027.  Feed  Prisoners, 

1025.  Superintendent  of  Police— Keeper.  1028.  Record  of  Prisoners. 

1026.  Shall  Keep  Prisoners. 


1024.  Established.]  § i.  The  apartments  in  the  rear 
of  the  police  office  on  the  first  ffoor  of  the  city  hall,  situated 
on  Fulton  street  on  parts  of  lots  one  (i)  and  two  (2)  in  block 
twelve  (12)  in  the  original  town  of  Peoria,  now  city  of 
Peoria,  be,  and  the  same  are  hereby  declared  to  be  the  city 
prison  of  the  city  of  Peoria,  and  any  buildings  and  enclosures 
that  may  be  hereafter  erected  on  any  lot  or  lands  purchased, 
owned  or  leased  by  the  city  of  Peoria,  for  the  purpose  of  a 
city  prison,  shall  be  subject  to  the  conditions  and  provisions  of 
this  article. 

1025.  Superintendent  of  Police— Keeper.]  § 2.  The 

superintendent  of  police  of  said  city  shall  be  ex-ojjicio , the 
keeper  of  the  same,  and  shall  have  the  care,  custody  and 
charge  of  the  said  city  prison  and  all  persons  committed  thereto. 
And  he  shall  enforce  such  order  and  discipline  therein  as  he 
may  deem  necessary. 


452 


Ordinances. 


1026.  Shall  Keep  Prisoners.]  § 3.  The  superinten- 
dent of  police  shall  receive  into  his  custody,  and  safely  keep 
and  confine  in  said  prison,  all  persons  who  may  be  legally 
committed  to  his  custody  or  charge  by  any  proper  officer, 
police  magistrate,  or  justice  of  the  peace,  until  they  shall  be 
legally  taken  or  discharged  therefrom. 

1027.  Feed  Prisoners.]  § 4.  He’ shall  furnish  all  per- 
sons who  may  be  confined  or  kept  in  the  city  prison  under  his 
charge,  when  the  person  himself  shall  not  do  so,  at  proper 
times,  suitable,  necessary,  plain  wholesome  food  and  drink 
and  comfortable  bedding. 

1028.  Record  of  Prisoners.]  § 5.  The  sergeant  of 
police  shall  keep  a record  in  which  he  shall  register  the  name 
of  each  person  confined  in  said  prison,  the  offense  charged 
against  such  person,  the  time  when,  and  by  what  officer  com- 
mitted, the  date  and  manner  of  discharge,  and  by  what 
authority  discharged. 


ARTICLE  VII. 

HOUSE  OF  CORRECTION. 


Section. 

1029.  House  of  Correction— Established. 

1030.  Superintendent — Inspectors — Bonds 

—Duties. 

1031.  Superintendent’s  Authority. 

1032.  Keep  and  Work  Prisoners. 

1033.  Fines— Paid  by  Work. 

1034.  Resistance  by  Prisoners.— Penalty. 

1035.  Obstructing  Superintendent  or  Guard 

—Penalty. 


Section. 

1036.  Mittimus  Delivered  to  Superinten- 

dent. 

1037.  Payment  of  Fine— Release. 

1038.  Superintendent  May  Receive  Fine — 

Payment  to  City  Treasurer. 

1039.  Quarterly  Report. 

1040.  Other  Reports. 


1029.  House  of  Correction — Established.  | § 1.  The 

buildings  and  enclosures  erected  and  now  standing,  or  that 
may  be  erected,  upon  a part  of  the  northeast  quarter  of  section 
3,  township  8,  north  range  8,  east  of  the  fourth  principal  meri- 
dan,  in  the  city  and  county  of  Peoria,  in  the  State  of  Illinois, 
are  constituted  and  established  a house  of  correction  for  the 


Police  Department. 


453 


said  city  of  Peoria.  And  any  buildings  and  enclosures,  that 
may  be  hereafter  erected  on  any  lot  or  lands  ^purchased, 
owned  or  leased  by  the  city  of  Peoria,  for  the  purpose  of  a 
house  of  correction,  whether  within  or  without  the  limits  of 
said  city,  shall  be  subject  to  the  conditions  and  provisions  of 
this  article. 

1030.  Superintendent  — Inspectors  — Bond  — Duties.] 

§ 2.  The  superintendent  of  the  house  of  correction,  before 
assuming  the  duties  of  his  office,  shall  execute  and  deliver  to 
the  city  of  Peoria,  a good  and  sufficient  bond  with  sureties 
thereon,  to  be  approved  by  the  city  council,  in  the  penal  sum  of 
ten  thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  as  prescribed  by  the  laws  of  the  State 
of  Illinois,  and  the  ordinances  of  the  city  of  Peoria.  And  each 
inspector  of  the  house  of  correction  shall,  before  entering  upon 
the  duties  of  his  office,  execute  and  deliver  to  the  city  of  Peo- 
ria, a good  and  sufficient  bond  with  sureties,  to  be  approved 
by  the  city  council,  in  the  penal  sum  of  one  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  as  required  by  the  laws  of  the  State  of  Illinois,  and  or- 
dinances of  the  city  of  Peoria. 

1031.  Superintendent’s  Authority.]  § 3.  The  said 
superintendent  shall  have  the  custody,  rule,  charge  and  keep- 
ing of  the  house  of  correction,  and  of  all  persons  committed 
thereto,  under  the  supervision  and  direction  of  the  board  of 
inspectors,  and  he  shall  enforce  such  order  and  discipline  as 
may  be  required  by  the  rules  and  regulations  prescribed  by 
the  board  of  inspectors. 

1032.  Keep  and  Work  Prisoners.]  § 4.  It  shall  be 
the  duty  of  said  superintendent  to  receive  into  the  said  house 
of  correction,  and  keep  such  persons  as  may  be  committed 
thereto,  by  any  court,  or  magistrate  of  the  said  city  of  Peoria, 
or  by  any  court,  or  magistrate  of  any  city,  county,  town  or  vil- 
lage having  a contract  with  the  city  of  Peoria,  for  the  care  of 


454 


Ordinances. 


its  prisoners  in  the  said  house  of  correction,  and  to  put  every 
such  person  so  committed,  to  work  at  such  labor  as  his  or 
her  strength  will  permit,  within  or  without  such  house  of  cor- 
rection, not  to  exceed  ten  hours  for  each  working  day. 

1033.  Fine-Paid  by  Work.]  § 5.  Every  person  com- 
mitted to  the  said  house  of  correcti’on  shall  be  allowed  for 
each  day’s  work,  exclusive  of  his  or  her  board,  the  sum  of 
fifty  cents,  which  shall  be  applied  in  payment  or  satisfaction 
of  the  fine  and  costs  imposed  upon  such  person. 

1034.  Resistance  by  Prisoner — Penalty.]  § 6.  Every 
person  committed  to  the  house  of  correction  shall  obey  the 
superintendent,  or  any  guard  thereof,  in  all  his  lawful  com- 
mands, and  shall  not  molest,  or  hinder  him  in  the  discharge  of 
his  duty,  and  shall  not  escape,  or  attempt  to  escape,  or  assist 
others  to  escape,  or  attempt  to  escape  therefrom,  or  destroy, 
or  injure  any  property  appertaining  to  the  house  of  correction, 
and  shall  not  violate  any  of  the  rules  of  said  house  of  correc- 
tion. Any  person  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  fined  not  exceeding  one  hundred  dollars. 

1035.  Obstructing  Superintendent  or  Guard — Penalty.] 

§ 7.  It  shall  be  lawful  for  the  superintendent  of  the  house  of 
correction,  or  any  guard  thereof,  and  it  is  hereby  made  his 
duty  to  arrest,  or  cause  to  be  arrested,  and  taken  before  a 
justice  of  the  peace,  every  person  who  shall  molest  or  in  any 
manner  interfere  with  the  said  superintendent,  or  with  any 
person  in  his  custody  or  charge,  as  a prisoner,  while  in  the 
discharge  of  his  duty,  either  in  the  house  of  correction,  or  else- 
where; and  any  person  who  shall  so  molest,  or  interfere  with 
the  superintendent  of  the  house  of  correction,  or  person  in  his 
custody  or  charge,  shall  be  fined  any  sum  not  exceeding  fifty 
dollars. 

1036.  Mittimus  Delivered  to  Superintendent.]  § 8. 

It  shall  be  the  duty  of  all  members  of  the  police  force  of  the 


Police  Department. 


455 


city  of  Peoria,  delivering  any  person  to  the  house  of  correc- 
tion, to  deliver  to  the  superintendent  the  mittimus  or  execu- 
tion, by  virtue  of  which  said  person  was  committed. 

1037.  Payment  of  Fine — Release.]  § 9.  No  person 
shall  be  released  from  the  house  of  correction  by  the  superin- 
tendent thereof,  except  upon  the  satisfaction  of  the  fine,  or  by 
an  order  of  the  mayor,  or  other  authority.  He  shall,  only, 
release  prisoners  received,  by  virtue  of  a contract  with  any 
county,  village  or  town,  by  expiration  of  sentence,  by  order  of 
the  board  of  village  trustees,  or  other  authority. 

1038.  Superintendent  May  Receive  Fine — Payment  to 
City  Treasurer.]  § 10.  The  said  superintendent  is,  also, 
hereby  authorized  to  accept  the  fine  imposed  upon  any  pris- 
oner committed  to  the  house  of  correction,  whenever  the  same 
shall  be  tendered  to  him;  and  all  fines  so  received  by  him 
shall  be  paid  over  to  the  city  treasurer  within  thirty  days 
thereafter. 

1039.  Quarterly  Report.]  §11.  It  shall  be  the  duty 
of  the  superintendent  of  the  house  of  correction  to  make  out 
and  deliver  to  the  city  council  on  the  first  day  of  each  quarter, 
or  oftener  if  required  by  the  city  council,  a statement  in  writ- 
ing, duly  sworn  to,  showing  the  names  of  all  persons  who 
have  been  confined  in  the  house  of  correction  during  the  past 
quarter,  the  number  of  days  of  their  several  confinements  dur- 
ing said  quarter,  the  date  of  their  committal,  and  the  names 
of  all  persons  discharged  or  released  during  said  quarter,  and 
by  what  authority  they  were  discharged  or  released,  and  the 
amount  of  fines  collected,  when,  and  by  whom  paid. 

1040.  Other  Reports.]  § 12.  The  said  superintendent 
shall  make  out  and  deliver  a like  quarterly  statement  as  called 
for  in  the  preceding  section  to  any  city,  county,  town  or  vil- 
lage that  may  commit  their  prisoners  to  said  house  of  correc- 
tion by  virtue  of  a contract  with  the  city  of  Peoria. 


456 


Ordinances. 


Chapter  IX 

FIRE  DEPARTMENT. 


Article. 

I.  Fire  Department. 

II.  Fire  Marshal. 

III.  Assistant  Fire  Marshal 


Article. 

IV.  City  Electrician. 

V.  Firemen. 

VI.  Miscellaneous  Provision. 


ARTICE  I. 

FIRE  DEPARTMENT. 


Section. 

1041,  Fire  Department  Created. 

1041.  Fire  Department  Created.]  § 1.  There  is  here- 
by established  an  executive  department  of  the  municipal  gov- 
ernment of  the  city  of  Peoria  which  shall  be  known  as  the  fire 
department,  and  shall  embrace  one  fire  marshal,  one  assistant 
fire  marshal,  one  city  electrician  and  such  number  of  engi- 
neers, firemen,  pipemen,  drivers,  hosemen,  truckmen  and 
other  employes,  as  the  city  council  may,  from  time  to  time,  by 
ordinance  or  resolution  provide. 


Fire  Department. 


457 


ARTICLE  II. 

FIRE  MARSHAL. 


Section. 

1042.  Fire  Marshal— Office  Created— Term. 

1043.  Appointment. 
ro44.  Bond. 

1045.  Control  of  Fire  Deptrtment. 

1046.  Custody  of  App  iratus. 

1047.  Examinations  of  Apparatus — Report. 

1048.  Shall  Keep  Apparatus  in  Repair. 

1049.  Attend  Fires. 

1050.  Shall  Prefer  Charges— May  Suspend 

Subordinate. 


Section. 

1051.  Record  of  Employes. 

1052.  Record  cf  Fires,  etc. 

1053  Yearly  Estimate. 

1054.  May  Remove  Property  at  Fire. 

1055.  May  Destroy  Buildings. 

1056.  To  Enforce  Ordinances. 

1057.  Shall  Wear  Uniform. 

1058.  Turn  Over  Property  to  Successor. 


1042.  Fire  Marshal — Office  Created — Term.]  § 1. 

There  is  hereby  created  the  office  of  fire  marshal  of  the  city 
of  Peoria,  who  shall  hold  his  office  for  the  term  of  two  years, 
and  until  his  successor  is  appointed  and  qualified. 

1043.  Appointment.]  § 2.  The  fire  marshal  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as 
soon  thereafter  as  may  be,  which  first  appointment  shall  be 
for  one  year,  and  until  his  succescor  is  appointed  and  qualified; 
and  thereafter  said  appointment  shall  be  made  on  the  first 
Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may  be,  and 
biennially  thereafter. 

1044.  Bond.]  § 3.  Said  marshal  shall,  before  entering 
upon  the  duties  of  his  office,  execute  and  deliver  to  the  City 
of  Peoria,  a good  and  sufficient,  bond  with  sureties  thereon,  to 
be  approved  by  the  city  council,  in  the  penal  sum  of  five 
thousand  dollars,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office,  as  prescribed  by  the  ordinances  of  said 
city,  and  rules  and  regulations  of  said  department. 

1045.  Control  of  Fire  Department.  ] § 4.  Said 

marshal  shall  be  the  head  of  the  fire  department,  and  shall 
have  full  control  over  the  same,  and  over  all  the  members 
thereof,  while  in  the  line  of  their  duty,  subject  to  the  control 


458 


Ordinances. 


and  supervision  of  the  board  of  police  and  fire  commissioners, 
and  said  board  may,  from  time  to  time,  prescribe  and  establish 
such  rules  and  regulations  as  it  may  deem  proper,  for  the 
government  of  the  fire  department,  and  members  thereof. 

1046.  Custody  of  Apparatus.]  § 5.  The  said  marshal 
shall  have  the  custody  of  the  engines,  hose  carts,  trucks,  lad- 
ders, horses,  telgraph  lines,  hose  house,  and  all  buildings  be- 
longing, or  pertaining  to  said  fire  department,  and  all  other 
property  and  equipments  belonging,  or  appertaining  to  the  fire 
department. 

1047.  Examinations  of  Apparatus — Report.]  § 6. 

The  said  marshal  shall,  at  least  twice  a year,  examine  into  the 
conditions  of  the  fire  engines,  hose  carts,  hooks  and  ladders, 
wagons,  trucks  and  all  other  fire  apparatus,  and  engine  houses, 
and  report  the  same  to  the  city  council  within  ten  days  after 
said  examination,  together  with  any  recommendations,  that  he 
may  deem  proper  to  make  for  the  good  of  the  department. 

1048.  Shall  Keep  Apparatus  in  Repair.]  § 7.  He 

shall  keep  himself  fully  informed  on  the  condition  and  effi- 
ciency of  the  fire  engines,  hose  carts,  trucks,  hooks  and  lad- 
ders and  all  other  property  or  apparatus  belonging  to  the  de- 
partment. And  whenever  any  of  said  apparatus  shall  require 
alterations,  or  repairs,  he  shall  cause  the  same  to  be  done  un- 
der his  supervision  and  direction. 

1049.  Attend  Fires.]  § 8.  He  shall  attend  all  fires  oc- 
curing  within  the  city,  and  take  command  of  the  department 
at  such  fire,  and  see  that  the  several  members  of  the  fire  de- 
partment faithfully  perform  their  respective  duties. 

1050.  Shall  Prefer  Charges — May  Suspend  Subordi- 
nates. ] § 9.  He  may,  either  upon  his  own  knowledge,  or 

upon  information  communicated  to  him  by  others,  prefer 
formal  charges  to  the  board  of  police  and  fire  commissioners, 
against  any  member  of  the  fire  department  for  incompetency, 
neglect  of  duty,  disobedience  of  orders,  or  violation  of  any  of, 


Fire  Department. 


459 


the  standing  rules  and  regulations  of  said  department.  And 
he  may  also,  pending  such  charges,  suspend  such  member 
from  duty,  and  such  suspension  shall  continue  in  force  until 
the  charges  can  be  investigated  by  said  board. 

1051.  Record  of  Employes.]  § io.  Said  marshal  shall 
keep  in  a book,  to  be  provided  for  that  purpose,  a full  and 
accurate  record  of  all  the  members  of  the  department,  show- 
ing the  date  of  their  appointment  and  discharge,  together 
with  their  rate  of  pay  and  amount  due  them,  and  shall  report 
the  same  at  the  end  of  each  month,  to  the  city  comptroller. 

1052.  Record  of  Fires,  Etc.]  § ii.  He  shall  also  keep 
an  accurate  list  of  all  fires  occuring  in  said  city,  the  date  and 
location  of  each  fire,  the  name  of  the  owner  of  the  property 
destroyed,  the  cause  of  the  fire,  if  known,  the  loss  incurred 
thereby,  the  amount  of  insurance,  and  such  other  information 
as  he  may  deem  important  to  the  city. 

1053.  Yearly  Estimates.]  § 12.  He  shall  prepare  and 
submit  to  the  comptroller,  on  or  before  the  first  day  of  Janu- 
ary in  each  year,  an  estimate  of  the  whole  cost  and  expense 
of  providing  for  and  maintaining  the  fire  department  of  said 
city  during  the  coming  year,  which  estimate  shall  be  in  detail, 
and  shall  be  laid  by  said  comptroller  before  the  city  council, 
with  his  annual  estimates. 

1054.  May  Remove  Property  at  Fires.]  § 13.  He 

shall  have  power  to  cause  the  removal  of  any  property  when- 
ever it  shall  become  necessary  for  the  preservation  of  such 
property  from  fire,  or  to  prevent  the  spreading  of  fire,  or  to 
protect  adjacent  property. 

1055.  May  Destroy  Building.]  § 14.  He  shall  have 
power,  when  he  deems  it  necessary  to  check  the  progress  of 
any  fire,  to  cut  down  and  remove  any  fence,  building,  or  other 
erection  of  any  kind,  and  he  shall  also  have  the  power,  when 
necessity  exists,  to  blow  up  or  cause  to  be  blown  up,  with 
powder  or  otherwise,  any  building  or  erection. 


460 


Ordinances. 


1056.  To  Enforce  Ordinances.]  § 15.  It  shall  be  the 
duty  of  said  marshal,  to  cause  all  ordinances  of  the  city  of 
Peoria,  for  the  prevention  of  fires,  and  all  other  ordinances 
and  regulations,  in  reference  to  the  fire  department,  to  be 
strictly  enforced. 

1057.  Shall  Wear  Uniform.]  § 1 6.  The  said  marshal 
shall  provide  himself,  at  his  own  expense,  a suitable  uniform, 
indicative  of  his  rank,  as  prescribed  by  the  rules  and  regula- 
tions of  said  department. 

1058.  Turn  Over  Property,  Etc.,  to  Successor.]  § 17. 

Upon  the  expiration  of  his  term  of  office,  or  his  resignation 
thereof,  or  removal  therefrom,  he  shall  deliver  to  his  successor 
in  office,  all  books,  records,  equipments  and  property  of  every 
description  in  his  possession,  belonging  to  the  city,  or  apper- 
taining to  his  office. 


ARTICLE  III. 

ASSISTANT  FIRE  MARSHAL. 


Section.  Section. 

1059.  Assistant  Fire  Marshal— Term  of.  1062.  Authority. 

1060.  Appointment.  1063.  Uniform. 

io6r.  Bond. 

1059.  Assistant  Fire  Marshal — Term  of.]  § i.  There 
is  hereby  created  the  office  of  assistant  fire  marshal,  whose 
term  of  office  shall  be  for  two  years,  and  until  his  successor  is 
appointed  and  qualified. 

1060.  Appointment.]  § 2.  The  assistant  fire  marshal 
shall  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Tuesday  in  May,  1892, 
or  as  soon  thereafter  as  may  be,  which  first  appointment  shall 
be  for  the  term  of  one  year,  and  until  his  successor  is  ap- 
pointed and  qualified;  and  thereafter  said  appointment  shall 
be  made  on  the  first  Tuesday  in  May,  1893,  or  as  soon  there- 
after as  may  be,  and  biennially  thereafter. 


Fire  Department. 


461 


1061.  Bond.]  § 3.  He  shall,  before  entering  upon  the 
duties  of  his  office,  execute  and  deliver  to  the  city  a good  and 
sufficient  bond,  with  sureties  thereon,  to  be  approved  by  the 
city  council,  in  the  penal  sum  of  twenty-five  hundred  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  as  prescribed  by  the  ordinances  of  said  city,  and  the 
rules  and  regulations  of  said  department. 

1062.  Authority.]  § 4.  He  shall  be  second  in  com- 
mand of  said  department,  in  subordination  to  the  fire  marshal, 
and  in  case  of  the  absence  or  disability  to  act,  of  the  said  fire 
marshal,  he  shall  possess  all  the  powers,  and  perform  all  the 
duties  of  the  said  fire  marshal. 

1063.  Uniform.]  § 5.  He  shall  wear  such  uniform,  to 
be  provided  at  his  own  expense,  as  may  be  designated  by  the 
rules  and  regulations  of  said  department,  indicative  of  his  rank. 

ARTICLE  IV. 

CITY  ELECTRICIAN. 


Section. 

1064.  City  Electrician— Term  of. 

1065.  Qualifications — Appointment. 

1066.  Bond. 

1067.  Authority. 


Section. 

1068.  Control  Keys  to  Signal  Boxes. 

1069.  Records,  Etc. 

1070.  Duties  of. 


1064.  City  Electrician — Term  of.]  § 1.  There  is 
hereby  created  the  office  of  city  electrician,  whose  term  of 
office  shall  be  for  two  years,  and  until  his  successor  is  appoint- 
ed and  qualified. 

1085-  Qualifications — Appointment.]  § 2.  He  shall  be 
a practical  and  skilled  electrician,  and  shall  be  appointed  by 
the  mayor,  by  and  with  the  advice  and  consent  of  the  city 
council,  on  the  first  Tuesday  in  May,  1882,  or  as  soon  there- 
after as  may  be,  which  first  appointment  shall  be  for  one  year, 
and  until  his  successor  is  appointed  and  qualified;  and,  there- 
after said  appointment  shall  be  made  on  the  first  Tuesday  in 


462 


Ordinances. 


May,  1893,  or  as  soon  thereafter  as  may  be,  and  biennially 
thereafter. 

1066.  Bond.]  § 3.  Said  electrician  shall,  before  enter- 
ing upon  the  duties  of  his  office,  execute  and  deliver  to  the  city 
of  Peoria,  a good  and  sufficient  bond,  with  sureties  thereon,  to 
be  approved  by  the  city  council,  in  the  penal  sum  of  two  thou- 
sand dollars,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  as  prescribed  by  the  ordinances  of  said 
city,  and  the  rules  and  regulations  of  said  department. 

1067.  Authority  of.]  § 4.  He  shall  have  the  general 
supervision  and  control  of  the  police  and  fire  alarm  telegraph 
systems,  under  the  direction  of  the  city  council.  He  shall  also 
have  charge  of  all  apparatus,  instruments,  batteries,  alarm 
boxes  and  wires  belonging  to,  or  connected  with  said  systems, 
and  he  shall  see  that  the  same  are  at  all  times  kept  in  complete 
repair  and  perfect  working  order,  and  promptly  repaired 
when  out  of  order;  and  shall  test  all  the  instruments  and  alarm 
boxes  at  least  once  a month. 

1068.  Control  Keys  to  Signal  Boxes,  Etc.]  § 5.  He 

shall  have  control  of  all  keys  to  signal  stations,  and  shall  keep 
a record  of  all  keys  distributed,  when  and  to  whom. 

1069.  Records,  Etc.]  § 6.  He  shall  keep  such  books 
as  may  be  necessary,  to  a full  and  complete  understanding  of 
all  the  workings  of  his  department.  He  shall  also  keep  a list 
of  all  employes  of  his  department,  the  length  of  their  service, 
wages  paid,  and  all  other  outlays  and  expenses,  connected 
with  the  operation  of  his  department;  and  on  or  before  first 
day  of  January  of  each  year,  shall  make  a full  report  of  the 
operations  of  his  department  to  the  comptroller. 

1070.  Duties  of.]  § 7.  He  shall  devote  his  entire  time 
and  attention  to  the  duties  of  his  office,  and  shall  make  such 
rules  and  regulations  as  he  may  deem  most  beneficial  and  ex- 
pedient for  the  successful  operation  of  his  department,  subject 
to  the  approval  of  the  city  council. 


Fire  Department. 


463 


ARTICLE  V. 

FIREMEN. 


Section. 

1071.  Fireman,  etc. — Term  of. 

1072.  Qualifications. 

1073.  Removal  for  Cause  Only. 

1074.  Duties  of. 

1075.  Driving  Carts,  Etc. 

1076.  Not  to  be  Driven  on  Sidewalk. 

1077.  Fire  Apparatus— Not  to  be  Used  for 

Private  Purpose  Without  Permit. 


Section, 

1078.  Property  Saved  at  Fire — Possession 

1079.  Trespasser  During  Fire— Arrest. 

1080.  Obstructing  Fire  Department. 

1081.  Rules  to  be  Established. 

1082.  Copies  of  Rules. 

1083.  Prescribed  Uniform  to  be  Worn. 


1071.  Firemen,  Etc. — Appointment  § 1.  The  engineers, 
firemen,  drivers,  pipemen,  truckmen  and  all  other  subordi- 
nate employes  of  said  fire  department  shall  be  appointed  by 
the  board  of  police  and  fire  commissioners,  and  they  shall 
hold  their  respective  positions  as  long  as  they  are  thoroughly 
competent  to  fill  the  same,  and  obey  all  provisions  of  this  ar- 
ticle and  the  rules  and  regulations  of  the  fire  department. 

1072.  Qualifications.]  § 2.  No  person  shall  be  ap- 
pointed to,  or  retained  in  any  position  mentioned  in  the  pre- 
ceding section,  who  is  under  twenty-one  years  of  age,  or  over 
fifty-five  years  of  age,  nor  unless  he  is  a person  of  good  moral 
character,  and  a legal  voter  in  said  city. 

1073.  Removal  for  Cause  Only.]  § 3.  No  removals 
from  positions  mentioned  in  Section  One  shall  be  made  except 
for  good  and  sufficient  cause,  affecting  the  efficiency  and  dis- 
cipline of  the  fire  department,  and  shall  be  made  when  suf- 
ficient cause  exists,  as  aforesaid,  by  the  board  of  police  and 
fire  commissioners,  Provided , no  removals  shall  be  made  on 
account  of  any  political  opinion  or  affiliation. 

1074-  Duties  of.]  § 4.  The  several  members  of  the  fire 
department  shall  be  on  duty  at  all  such  hours  of  the  day  and 
night,  as  shall  be  prescribed  by  the  rules  and  regulations  of 
said  department,  except  when  otherwise  ordered  by  the  fire 
marshal.  And  in  addition  to  their  general  duties,  they  shall 


464 


Ordinances. 


keep  their  horses,  engines,  hose  carts,  hooks  and  ladders  and 
other  fire  apparatus  in  first-class  condition  for  actual  service, 
and  not  expose  them  to  unnecessary  hazard,  and  to  work  and 
use  the  same  with  skill  and  judgment. 

1075-  Driving  Carts,  Etc.]  § 5.  No  fire  or  chemical 
engine,  hose  cart,  hook  and  ladder  truck,  or  other  fire  appar- 
atus, shall  be  driven  to  a fire,  or  alarm  of  fire,  in  a manner 
calculated  to  endanger  the  safety  of  persons  or  property,  in 
in  the  streets,  or  avenues  of  the  city.  Nor  shall  any  such  engine, 
cart,  truck  or  other  fire  apparatus,  be  drawn  iaster  than  a slow 
trot  while  at  exercise,  or  on  its  return  from  any  fire,  or  alarm 
of  fire,  under  a penalty,  in  either  case,  of  not  less  than  five  dol- 
lars, nor  more  than  fifty  dollars,  to  be  paid  by  the  person  or 
persons  committing  the  offense. 

1076.  Not  to  be  Driven  on  Sidewalks.]  § 6.  No  fire 
or  chemical  engine,  hose  cart,  hook  and  ladder  truck,  or  other 
fire  apparatus,  shall  be  run  upon,  across  or  along  any  side- 
walk, within  the  city,  except  in  case  of  necessity;  and  any 
member  of  the  fire  department,  or  other  person,  violating  this 
section,  shall  be  subject  to  a fine  of  not  exceeding  five  dollars 
for  every  such  offense. 

1077.  Fire  Apparatus — Not  to  be  Used  for  Private 
Purposes  Without  Permit — Penalty.]  § 7.  No  person 
shall,  without  first  obtaining  the  consent  of  the  city  council, 
use  any  horse,  or  fire  apparatus,  belonging  <:o  the  city,  for  any 
private  purpose  whatsoever,  under  a penalty  of  not  less  than 
three  dollars,  nor  more  than  twenty-five  dollars,  for  each 
offense. 

1078.  Property  Saved  at  Fire — Possession  of.]  § 8. 

No  person  shall  be  permitted  to  remove,  or  take  away  any 
property  in  the  possesion  of  the  department,  saved  from  any 
fire,  until  proof  of  the  ownership  shall  have  been  made  to  the 
satisfaction  of  the  fire  marshal. 


Fire  Department. 


46S- 

1079.  Trespasser  During  Fire — Arrest  of.]  § 9.  The 

mayor,  any  alderman,  or  the  fire  marshal,  may,  and  the  sup- 
erintendent of  police,  and  all  policemen  shall,  during  the  prog- 
ress of  any  fire,  arrest  any  person  found  stealing,  or  trespass- 
ing upon  any  property,  or  willfully  injuring,  or  breaking  any 
engine,  or  other  fire  apparatus,  or  any  person  resisting,  or  ob- 
structing, any  member  of  the  fire  department  in  the  discharge 
of  his  duty,  or  otherwise  conducting  himself  in  a riotous,  or 
disorderly  manner. 

1080.  Obstructing  Fire  Department — Penalty.]  § 10. 

Any  person  who  shall  willfully  resist,  obstruct  or  hinder  any 
member  of  the  fire  department  in  the  performance  of  his  duty 
at  a fire,  or  shall  willfully  or  maliciously  injure,  break  or  de- 
face any  engine,  hose,  truck,  cart,  or  other  fire  apparatus 
belonging  to  the  city,  shall,  on  conviction,  in  either  case,  be 
fined  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars. 

1081.  Rules  to  be  Established.]  § 11.  The  fire  mar- 
shal shall  have  and  exercise  a general  supervision  and  control 
over  the  fire  department,  and  property  belonging  thereto,  and 
shall  make  and  establish  rules  and  regulations  for  the  gov- 
ernment thereof,  not  inconsistent  with  the  provisions  of  this 
ordinance.  And  it  shall  be  the  duty  of  said  fire  marshal  to 
see  that  the  organization  of  said  department  is  efficiently  pre_ 
served;  its  records  properly  kept,  and  its  rules  and  regulations 
duly  observed  by  its  members. 

1082.  Copies  of  Rules.]  § 12.  Each  member  of  the 
•fire  department  shall  be  furnished,  by  the  fire  marshal,  with  a 
copy  of  the  rules  and  regulations  adopted  and  prescribed  for 
the  government  of  the  department,  and  the  members  thereof. 

1083.  Prescribed  Uniform  to  be  Worn.]  § 13.  The 

city  council  shall  also  prescribe  a suitable  uniform  for  the 
members  of  the  fire  department,  to  be  worn  by  them  while  in 

31 


4 66 


Ordinances. 


the  line  of  their  duty.  And  all  members  of  the  department 
shall  be  required  to  provide  themselves  with  such  uniform,  as 
may  be  prescribed,  at  their  own  expense. 

ARTICLE  VI. 

MISCELLANEOUS. 

Section.  Section. 

1084.  Hindering  Officer  at  Fire— Penalty.  1086.  False  Keys— Penalty. 

1085.  Giving  False  Alarm— Penalty.  1087.  Injury  to  Fire  Alarm  or  Police  Patrol 

System— Penalty. 


1084.  Hindering  Officer  at  Fire,  Etc. — Penalty.]  § i. 

Any  person  who  shall  willfully  and  intentionally,  hinder  or 
interfere  with  any  city  officer,  or  fireman,  in  the  performance 
of  their  duty  at,  going  to,  or  returning  from  any  fire,  or  while 
attending  to  any  of  their  respective  duties  connected  with  the 
fire  department,  or  willfully  or  negligently  drive  any  wagon, 
dray  or  other  vehicle,  or  any  street  car,  locomotive  or  train  of 
cars,  across*  or  upon  any  hose,  or  shall  willfully  cut,  deface, 
destroy,  or  injure  any  telegraph  wire,  telegraph  pole,  signal 
box,  or  any  of  the  property  or  fixtures  belonging  to,  or  con- 
nected with  the  fire  department,  or  the  fire  alarm  telegraph, 
shall  upon  conviction  thereof,  be  fined  not  less  than  ten  dol- 
lars, nor  more  than  one  hundred  dollars,  and  shall  be  liable  for 
all  damages  done  to  any  such  property. 

1085.  Giving  False  Alarm — Penalty.]  § 2.  That 

should  any  person  knowingly  give,  or  cause  to  be  given,  any 
false  alarm  of  fire,  by  means  of  the  telegraph  boxes,  connected 
with  the  fire  alarm  telegraph,  or  otherwise,  such  person  shall 
be  subject  to  a fine  of  not  less  than  fifty  dollars,  nor  more  than 
one  hundred  dollars,  to  be  recovered  as  other  fines  are  recov- 
erable. 

1086.  False  Keys — Penalty,]  § 3.  That  should  any 
person  make,  or  cause  to  be  made,  any  key  to  any  fire  alarm 
telegraph  box,  or  use,  or  cause  to  be  used,  any  such  key,  with- 


Inspector  of  Steam  Boilers. 


467 


out  the  consent  of  the  proper  authorities,  such  person,  or  per- 
sons shall  be  subject  to  a fine  of  not  more  than  one  hundred 
dollars,  to  be  recovered  as  other  fines  are  recoverable. 

1087.  Injury  to  Fire  Alarm  or  Police  Patrol  System 
— Penalty.  § 4.  Whoever  shall  cut,  injure,  deface  or  in 
any  wise  interfere  with  any  fire  alarm,  police,  or  other  tele- 
graph or  telephone  wire,  belonging  to  the  city  of  Peoria,  or 
any  fire  alarm  box,  or  police  patrol  box,  or  any  apparatus  or 
other  thing  pertaining  to  the  fire  alarm,  or  police  patrol 
system,  or  telegraph,  of  the  city  of  Peoria  shall,  upon  convic- 
tion, be  fined  not  less  than  fifty  dollars. 


Chapter  X. 

INSPECTOR  OF  STEAM  BOILERS, 

GAS  AND  WATER  METERS,  AND  WEIGHTS 
AND  MEASURES. 


Article.  Article. 

I.  The  Inspector.  III.  Gas  and  Water  Meters. 

II.  Steam  Boilers.  IV.  Weights  and  Measures. 


ARTICLE  I. 

THE  INSPECTOR. 

Section.  Section. 

1088.  Inspector— Office  Created.  1090.  Qualifications. 

1089.  Appointment — Bond.  1091.  Monthly  Report — Pay  Over  Fees. 


1088.  Inspector — Office  Created.]  § i.  There  is  here- 
by created  the  office  of  inspector  of  steam  boilers,  gas  and 
water  meters,  weights  and  measures.  He  shall  hold  his  office 
for  the  term  of  two  years  and  until  his  successor  is  appointed 
and  qualfied. 


468 


Ordinances. 


1089.  Appointment — Bond.]  § 2.  Said  inspector  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  of  the  city 
council,  on  the  first  Tuesday  in  May,  1892,  or  as  soon  there- 
after as  may  be,  which  appointment  shall  be  for  the  term  of 
one  year  and  until  his  successor  is  appointed  and  qualified; 
and  thereafter  the  appointment  shall  be  made  on  the  first 
Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may  be,  and 
biennially  thereafter;  and  said  inspector  shall,  before  entering 
upon  the  duties  of  the  office,  execute  a bond  to  the  city  of 
Peoria  in  the  sum  of  five  thousand  dollars,  with  sureties  to  be 
approved  by  the  city  council,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  said  office. 


1090*  Qualifications.  | § 3.  The  person  so  appointed 

shall  be  well  qualified  from  practical  experience,  in  the  use 
and  construction  of  machinery,  boilers,  etc.,  to  enable  him  to 
intelligently  make  all  of  the  inspections  required  to  be  made 
under  the  provisions  of  this  chapter. 

1091.  Monthly  Report — Pay  Over  Fees.]  § 4.  Said 
inspector  shall,  on  or  before  the  tenth  day  of  each  month,  make 
a detailed  report  to  the  city  comptroller  of  all  inspections 
made  by  him  during  the  preceding  month,  .and  of  all  fees  re- 
ceived by  him  during  the  preceding  month,  for  all  inspections 
made  bv  him  under  any  of  the  provisions  of  this  chapter,  and 
shall  at  the  same  time  pay  over  to  the  city  treasurer  all  such 
fees  so  ieceived  by  him. 

ARTICLE  II. 


STEAM  BOILERS. 


Section. 

1092.  Duties— Test. 

1093.  Inspection  of  Repairs. 

1094.  Certificate— Record. 

1095.  Inspection  Fee. 

1096.  Failure  to  Have  Boiler  Inspected— 

Penalty. 

1097.  Annual  Inspection. 


Section. 

1098.  Safety  Valves. 

1099.  Expense  of  Inspection. 

1100.  Try  Cocks — Gauges— Force  Pump, 
noi.  Engineer’s  Negligence— Penalty. 

1102.  Apparatus— Delivery  to  Successor — 

Reports. 

1103.  Penalty. 


1092.  Duties — Test.  | §1.  It  shall  be  the  duty  of  the 

inspector,  upon  application,  to  inspect  all  boilers  used  for  the 


Inspector  of  Steam  Boilers. 


469 


generation  of  steam  power,  or  for  heating  or  steaming  pur- 
poses, except  in  private  residences,  and  all  tanks  or  cookers 
subjected  to  steam  pressure,  used  in  any  business,  by  a care- 
ful examination  of,  and  subjecting  the  same  to  hydrostatic 
pressure  which  shall  exceed  the  maximum  working  pressure 
in  the  ratio  of  one  hundred  and  fifty  to  one  hundred  pounds; 
and  in  no  case  shall  the  working  pressure  be  more  than  one 
hundred  pounds  per  square  inch  for  a new  boiler,  forty-eight 
inches  in  diameter,  made  of  No.  1 iron  plates  of  one-fourth  of 
an  inch  in  thickness,  and  the  steam  pressure  of  all  boilers, 
whether  thicker  or  thinner,  larger  or  smaller,  than  before  men- 
tioned in  this  section,  shall  be  governed  by  the  same  standard 
of  strength.  Provided , however,  that  whenever  the  plates  of 
which  any  boiler  is  made  show . thereon  the  manufacturer’s 
stamps  indicating  its  tensile  strength,  such  boiler  may  be 
tested  and  rated  in  accordance  with  the  United  States  steam- 
boat law  governing  the  inspection  of  steam  boilers. 

1093.  Inspection  of  Repairs.]  § 2.  It  shall  be  the 

duty  of  said  inspector,  on  the  application  of  any  owner  or 
agent  of  any  boiler,  generator,  superheater,  tank  or  cooker, 
stating  the  same  is  out  of  repair,  or  has  been  repaired,  to  ex- 
amine the  same  when  so  required,  and  determine  if  the  same 
has  been  properly  done,  and  it  shall  be  unlawful  for  any  per- 
son to  use  any  boiler,  after  the  same  has  been  repaired,  until 
he  has  first  secured  a certificate  from  the  inspector  that  it  has 
been  done  properly  and  may  be  safely  used. 

1094.  Certificate — Record.]  § 3.  When  an  inspection 
of  any  boiler,  generator,  superheater,  tank,  or  cooker  has  been 
made,  and  the  same  approved  bv  the  inspector,  he  shall  make 
and  deliver  to  the  person  for  whom  such  inspection  was  made, 
upon  the  payment  of  his  fees  hereinafter  mentioned,  a certifi- 
cate of  such  inspection,  which  shall  contain  the  date  of  such 
inspection,  together  with  a general  description,  for  what  pur- 
pose used,  the  number  of  try  cocks,  steam  and  water  guages, 


470 


Ordinances. 


pumps,  the  pounds  pressure  at  which  said  boilers  have  been 
tested,  and  the  maximum  pressure  to  which  they  may  be 
safely  used;  which  certificate  shall  be  put  up  in  the  office  or 
some  other  conspicuous  place  on  the  premises,  for  examina- 
tion, and  a record  of  the  same  shall  be  made  by  the  said  in- 
spector, in  a well  bound  book  kept  for  that  purpose,  and  al- 
phabetically indexed. 

1095.  Inspection  Fee.]  § 4.  Said  inspector  may  charge 
a fee  of  three  dollars  for  inspecting  each  boiler,  which  shall  be 
paid  by  the  party  requiring  such  service  before  the  delivery 
of  such  certificate:  Provided , that  in  any  establishment  where 
more  than  one  boiler  is  used,  said  inspector  shall  be  entitled  to 
said  fee  of  three  dollars  for  one  boiler,  and  to  a fee  of  two 
dollars  upon  each  additional  boiler. 

1096.  Failure  to  Have  Boiler  Inspected— -Penalty.] 

§ 5.  It  shall  be  unlawful  for  any  person,  firm  or  corporation, 
to  use  or  operate  any  steam  boiler,  generator,  superheater, 
tank  or  cooker  subject  to  steam  pressure,  within  the  city  of 
Peoria,  without  first  having  obtained  the  inspection  and  ap- 
proval thereof  of  the  inspector  of  boilers,  within  one  year  pre- 
vious to  such  use  or  operation,  and  each  day’s  use  and  opera- 
tion thereof  shall  be  deemed  and  taken  to  be  a separate  and 
distinct  violation  of  this  article. 

1097.  Annual  Inspection.]  § 6.  It  shall  be  the  duty  of 
every  owner,  or  other  person  using  any  steam  boiler,  genera- 
tor, superheater,  tank  or  cooker  subject  to  steam  pressure,  in 
this  city,  to  have  the  same  inspected  by  the  inspector  of  boil- 
ers as  often  as  once  in  each  and  every  year. 

1098.  Safety  Valves.]  § 7.  The  safety  valves  of  steam 
boilers  shall  be  loaded  to  sustain  only  the  maximum  pressure 
allowed  by  said  inspector. 

1099.  Expense  of  Inspection.]  §.  8.  All  owners,  or 
other  persons  using  steam  boilers  or  other  machinery  subject 


Inspector  of  Steam  Boilers.  471 

to  inspection,  as  aforesaid,  shall  provide,  at  their  own  expense, 
such  arrangements  and  facilities  for  attaching  the  instruments 
for  inspection,  as  the  inspector  shall  direct. 

1100.  Try  Cocks — Guages — Force  Pumps.  ] § 9.  It 

shall  be  the  duty  of  every  owner  or  other  person  using  steam 
boilers  in  the  city  of  Peoria,  to  provide  and  properly  affix  to 
each  and  every  one  of  such  boilers  a full  complement  of  try 
cocks,  one  water  guage,  one  steam  guage,  one  or  mere  safety 
valves  of  suitable  dimensions,  one  of  which  safety  valves  shall 
be  a spring  or  pop  valve,  and  plugs  of  good  Banca  tin,  to  be 
inserted  in  a suitable  manner,  in  the  flues,  crown  sheets  or 
other  parts  of  the  boiler  most  exposed  to  the  heat  of  the  fur- 
nace when  the  water  falls  below  its  prescribed  limits,  all  to  be 
subject  to  the  approval  of  the  inspector,  and  to  provide  and 
properly  attach  to  each  boiler  a good  and  sufficient  force  pump, 
or  other  means  to  supply  the  boiler  with  water,  which  shall 
also  be  subject  to  the  approval  of  the  inspector. 

1101.  Engineer’s  Negligence — Penalty.]  § 10.  If  any 

engineer  shall  negligently  or  wrongfully  endanger  the  life  of 
any  person  by  permitting  the  water  to  fall  below  three  inches 
above  the  flues,  or  crown  sheet  of  any  boiler,  or  otherwise 
neglect  his  duties,  he  shall  be  subject  to  a fine  of  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars. 

1102.  Apparatus — Delivery  to  Successor — Reports.] 

§ 11.  The  city  of  Peoria  shall  provide  such  instruments, 
books,  papers  and  other  apparatus  as  shall  be  necessary  for 
the  proper  performance  of  the  duty  of  such  inspector,  which 
shall  be  the  property  of  the  city  and  which  shall  be  delivered 
by  said  inspector  to  his  successor  in  office,  or  to  the  commis- 
sioner of  public  works,  whenever  he  shall  cease,  for  any 
reason,  to  discharge  the  duties  of  his  office;  said  inspector 
shall,  also,  without  expense  or  charge,  inspect  all  boilers 
owned  by  the  city  or  any  of  its  departments,  whenever  called 


472 


Ordinances. 


upon  by  the  proper  officer.  He  shall  also  report  to  the  city 
council  every  three  months,  or  as  often  as  required  by  the 
council,  all  inspections  of  boilers  by  him  made. 

1103.  Penalty.]  § 12.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  article,  or  fail  to  comply  with  any 
of  the  requirements  of  the  same,  where  no  other  penalty  is 
provided,  shall,  upon  conviction,  be  fined  not  less  than  twenty 
dollars,  nor  more  than  two  hundred  dollars. 

ARTICLE  II. 

GAS  AND  WATER  METERS. 

Section. 

1104.  Inspection— Request  of  Consumer. 

1105.  Test— Notice  to  Consumer  and  Com 

pany. 

1106.  Inspection  Conclusive. 


1104.  Inspection — Request  of  Consumer.]  § 1.  It 

shall  also  be  the  duty  of  the  said  inspector  to  examine 
and  test  any  gas,  or  water  meter,  furnished  to  consumers 
of  gas  or  water,  by  any  gas,  or  water  company,  furnishing 
gas  or  water  in  the  city  of  Peoria,  whenever  requested  so  to 
do  by  such  consumer. 

1105.  Test — Notice  to  Consumer  and  Company.]  § 2. 

The  said  inspector  shall  always  give  notice  to  the  consumer 
and  the  gas,  or  water  company  of  the  time  and  place  when  and 
where  he  intends  to  test  the  meter. 

1106.  Inspection  Conclusive.]  § 3.  The  inspection 
herein  provided  for  shall  be  conclusive,  both  upon  the  company 
and  the  consumer,  as  to  the  amount  of  gas,  or  water  consumed 
the  three  months  last  preceding  the  close  of  the  month  in  which 
any  meter  shall  be  inspected,  and  until  a new  inspection  shall 
be  had,  the  new  inspection  relating  back  as  herein  provided. 

1107.  Fee — Paid  Before  Test — Refunded  When.]  § 4. 

The  said  inspector  shall  be  entitled  to  receive  in  advance,  from 


Section. 

1107.  Fee— Paid  Before  Test— Refunded 

When. 

1108.  Certificate  of  Inspection. 


Inspector  of  Steam  Boilers. 


473 


any  consumer  requiring  his  services  the  sum  of  one  dollar  and 
his  reasonable  expenses,  not  exceeding  one  dollar  for  each 
meter  by  him  inspected.  Such  sum,  however,  to  be  re- 
funded by  the  gas  or  water  company,  upon  presentation  to 
their  treasurer  of  the  inspector’s  certificate  that  the  meter  has 
been  found  by  him  to  measure  more  gas  or  water  than  was 
actually  consumed. 

1108.  Certificate  of  Inspection.]  § 5.  The  inspector 
shall,  wheu  so  requested  by  either  party,  furnish  to  the  con- 
sumer, or  the  company,  free  of  charge,  a certificate  of  the  re- 
sult of  the  examination  made  by  him  of  any  meter. 

ARTICLE  IV. 


WEIGHTS  AND  MEASURES. 


Section. 

1109.  Inspector — Sealer  of  Weights  and 
Measures. 

mo.  Standard  of  State  Adopted, 
nil.  City  to  Provide  Standards. 

1112.  Inspection  of  Weights,  Etc.— Refusal 
to  Allow— Penalty. 

11x3.  Weights,  Etc  , not  Conformable  to 
Standard— Repaired— Tested. 

1114.  Fees. 


Section. 

1115.  Annual  Tests— Using  Weights  With. 

out  Test— Penalty. 

1116.  Examination — Refusal — Altering— 

Penalty. 

1117.  Register  to  be  Kept. 

1118.  Search  for  False  Weights— Power  to 

Arrest. 

1119.  Annual  Notice — Using  Weights,  Etc., 

not  Sealed— Penalty. 

1120.  Monthly  Report— To  Pay  Over  Fees — 

Location  of  Office — Compensation 


1109.  Inspector — Sealer  of  Weights  and  Measures.] 

§ 1.  That  in  addition  to  his  other  duties  the  inspector  of 
steam  boilers  shall  perform  the  duties  of  sealer  of  weights  and 
measures,  as  hereinafter  prescribed. 

1110.  Standard  of  State  Adopted.]  § 2.  That  there 
shall  be  a regulation  of  weights  and  measures  in  said  city,  and 
the  standard  adopted  by  the  state  of  Illinois  shall  be  the  test 
by  which  they  shall  be  compared  and  determined. 


474 


Ordinances. 


1111.  City  to  Provide  Standards,]  § 3.  That  the  city 
council  of  said  city  shall  procure  correct  and  approved  stand- 
ards, with  their  necessary  subdivisions,  together  with  the 
proper  beams  and  scales,  for  the  purpose  of  testing  and  prov- 
ing  by  said  standards,  the  weights  and  measures  used  in  the 
city. 

1112.  Inspection  of  Weights,  Etc.— Refusal  to  Allow 
Inspection — Penalty.]  § 4.  It  shall  be  the  duty  of  the 
sealer  of  weights  and  measures,  once  every  year,  to  examine 
and  test  the  accuracy  of  all  weights,  measures,  scales,  or  other 
instruments,  or  things,  used  by  any  person  for  weighing,  or 
measuring  any  article  for  sale  in  said  city;  to  stamp  with  a 
suitable  seal  all  weights,  measures  and  scales,  so  used,  which 
he  may  find  correct,  and  deliver  to  the  owner  thereof  a certifi- 
cate of  their  accuracy;  to  condemn  all  weights,  measures  and 
scales  which  he  may  find  incorrect  on  such  inspection,  and  to 
cause  the  owner  thereof  to  have  them  corrected  and  made 
conformable  to  said  standard  in  the  manner  hereinafter  pro- 
vided. Any  person  refusing  to  exhibit  any  weights,  measures, 
or  scales  or  instruments  for  weighing  or  measuring,  to  said 
sealer,  for  the  purpose  of  examination  or  inspection  as  afore- 
said, or  obstructing  him  in  the  performance  of  his  duty,  shall 
forfeit  and  pay  not  less  than  three  dollars,  nor  more  than 
twenty  dollars,  for  every  offense. 

1113.  Weights,  Etc.,  Not  Conformable  to  Standard — 
Repaired — Tested.]  § 5.  All  weights  and  measures,  beams 
and  scales  found  not  to  conform  to  the  standard  of  the  State 
of  Illinois,  shall  be  condemned  by  the  sealer  of  weights  and 
measures,  and  the  same  shall  not  be  again  used  until  repaired 
and  adjusted,  and  tested  by  the  sealer  of  weights  and  meas- 
ures and  found  to  conform  to  the  said  standard;  and  any  per- 
son offending  against  the  provisions  of  this  section  shall,  upon 
conviction,  be  fined  not  less  than  two  dollars,  nor  more  than 
ten  dollars,  for  every  offense. 


Inspector  of  Steam  Boilers. 


475 


1114.  Fees.]  § 6.  The  sealer  of  weights  and  measures 
shall  be  allowed  to  receive  the  following  fees  of  office  for 
services  rendered  by  him,  from  the  owners  of  the  articles 
tested  and  sealed,  viz:  For  inspecting  and  sealing  platform 
scales  of  10,000  pounds  and  upwards,  including  weights,  $3; 
scales  not  less  than  5,000  pounds  and  not  exceeding  10,000 
pounds,  $1;  of  less  denominations,  including  weights,  50  cents 
each;  for  inspecting  and  sealing  large  beams,  weighing  1,000 
pounds  and  upwards,  including  weights,  25  cents;  for  inspect- 
ing and  sealing  smaller  scales  than  above  stated,  he  shall  be 
entitled  to  15  cents  each;  counter  scales,  including  weights, 
15  cents;  for  comparing  and  sealing  any  measures — bushel, 
10  cents;  half  bushel  and  for  less  denominations,  each,  5 cents; 
for  comparing  and  sealing  wine  measures,  5 cents  each;  for 
comparing,  inspecting  and  sealing  cloth  and  board  measures, 
each,  5 cents;  for  inspecting  and  testing  the  several  scales  of 
the  city  for  the  weighing  of  hay,  coal,  etc.,  to  be  done  free  of 
charge. 

1115.  Annual  Tests,  Using  Weights,  Etc.,  With- 
out Test — Penalty.]  § 7.  It  shall  not  be  lawful  for  the 
aforesaid  sealer  to  make  charges  for  inspecting  and  testing 
weights,  measures  and  scales,  as  aforesaid,  oftener  than  twice 
in  each  year,  unless  the  same  shall  be  found  not  conformable 
to  the  standard  of  the  State;  and  no  person  shall  make  use  of 
any  weight,  scale,  measure,  or  other  instrument  for  weighing 
or  measuring  any  article  for  sale  in  the  city,  until  the  same 
has  been  duly  examined  and  sealed  by  the  sealer  of  weights 
and  measures,  under  a penalty  of  not  less  than  five  dollars,  nor 
more  than  twenty-five  dollars,  for  every  offense. 

1116.  Examination — Refusal  of— Altering — Penalties.] 

§ 8.  All  persons  using  weights  and  measures,  scales,  or  other 
instruments  for  measuring  any  article  for  sale  in  said  city, 
which  have  been  sealed,  shall,  upon  application  of  the  sealer  of 
weights  and  measures,  allow  the  same  to  be  examined,  tested 


476 


Ordinances. 


and  sealed  as  herein  provided,  under  a penalty  of  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars  for  failing  so  to 
do;  and  any  person  altering  any  weights,  measures  or  scales, 
causing  the  same  to  weigh  or  measure  incorrectly,  shall  for- 
feit and  pay  not  less  than  three  dollars,  nor  more  than  fifty 
dollars,  for  every  offense. 

1117.  Register  to  be  Kept.]  § 9.  It  shall  be  the  duty 
of  said  sealer  to  make  a regular  register  of  all  weights,  meas- 
ures, scales,  beams  and  steelyards,  or  other  instruments  in- 
spected by  him,  in  which  he  shall  state  the  names  of  the 
owners  of  the  same,  and  whether  they  are  conformable  to  the 
standard  of  the  State. 

1118.  Search  for  False  Weights — Power  to  Arrest.] 

§ 10.  It  shall  be  the  duty  of  the  said  sealer,  whenever  he 
may  have  reason  to  suspect  the  existence  of  false  weights, 
measures,  scales,  beams  or  steelyards,  from  his  own  know- 
ledge, or  upon  written  complaint  of  any  reputable  citizen,  im- 
mediately to  search  for  the  same;  and  it  is  hereby  made  his 
duty  to  prosecute  all  persons  violating  this  article,  and  to  file 
all  such  written  complaints  with  the  city  clerk,  with  his 
monthly  reports. 

1119-  Annual  Notice — Using  Weights,  Etc.,  Not 
Sealed — Penalty.]  § 11.  It  shall  be  the  duty  of  said  sealer, 
within  five  days  after  his  annual  inspection  and  examination 
of  weights,  measures,  scales,  and  other  instruments  used  in 
said  city  for  weighing  or  measuring  any  article  for  sale 
therein,  to  publish,  in  the  newspaper  selected  by  the  city  coun- 
cil to  publish  the  ordinances  of  said  city,  a notice  stating  that 
he  has  so  made  such  annual  inspection  and  examination  as 
aforesaid,  and  also  notifying  all  persons  who  shall  or  may, 
after  said  inspection  and  examination  and  before  the  next 
succeeding  annual  inspection  and  examination,  use,  for  the 
purpose  of  selling  or  buying  any  article  in  said  city,  any 
scales,  weights,  measures,  or  other  instruments,  and  which 


Inspector  of  Steam  Boilers.  477 

may  not  have  been  so  examined  as  aforesaid,  to  brirtg  or 
cause  to  be  brought,  to  a place  in  said  city  to  be  designated 
by  said  sealer  in  said  notice,  all  such  weights,  measures,  scales 
and  other  instruments  designated  as  aforesaid,  and  which  may 
be  susceptible  and  capable  of  removal  to  such  placed  and  the 
said  owner  or  owners  of  any  such  instrument,  as  is  not  capa- 
ble or  susceptible  of  such  removal,  shall  notify  said  sealer  of 
the  place  and  situation  of  such  beam,  scale  or  other  instru- 
ment, not  so  capable  of  removal  as  aforesaid;  and  any  person 
who,  after  the  publication  of  the  notice  above  mentioned,  by 
such  sealer,  shall  not,  within  ten  days  from  the  time  he  first 
uses  such  beam,  scale,  or  other  instrument,  comply  with  the 
requirements  and  provisions  of  this  section,  shall,  upon  con- 
viction, forfeit  and  pay  any  sum  not  less  than  three  dollars, 
nor  more  than  twenty  dollars,  for  every  offense. 

1120.  Monthly  Report — To  Pay  Over  Fees — Location 
of  Office — Compensation.]  § 12.  Said  inspector  shall 
make  monthly  reports  to  the  city  council,  of  all  inspections 
made  by  him,  for  the  preceding  months,  in  which  he  shall 
give  in  detail  the  names  of  all  persons,  for  whom  said  inspec- 
tions were  made,  and  the  article  inspected,  and  the  condition 
the  same  was  found  to  be  in  when  inspected.  He  shall  also 
pay  over  to  the  city  treasurer  monthly,  all  fees  received  by 
him  as  such  officer  for  each  month.  Said  inspector  shall  pro- 
vide himself  an  office  in  same  central  portion  of  the  city,  to  be 
approved  by  the  council.  He  shall  receive  such  compensa- 
tion for  his  services  as  the  city  council  may  by  ordinance  pro- 
vide, but  in  no  case  shall  such  compensation  exceed  the  amount 
of  fees  earned  and  collected  by  said  officer. 


478 


Ordinances. 


Chapter  XI. 

OIL  INSPECTOR. 


ARTICLE  I. 


Section. 

1121.  Office  Created. 

1122.  Appointment. 

1123.  Bond. 


Section. 

1124.  Duties. 

1125.  Inspection  Fees— Deputies. 


1121.  Office  Created.]  § 1.  There  is  hereby  created 
the  office  of  inspector  of  oils,  who  shall  hold  his  office  for  the 
term  of  one  year,  and  until  his  successor  shall  be  appointed 
and  qualified. 

1122.  Appointment.]  § 2.  Said  inspector  of  oils  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  con- 
sent of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or 
as  soon  thereafter  as  may  be,  which  appointment  shall  be  for 
the  term  of  one  year,  and  until  his  successor  shall  be  appointed 
and  qualified;  and  thereafter  such  appointment  shall  be  made 
on  the  first  Tuesday  in  May,  1893,  or  as  soon  thereafter  as 
may  be,  and  annually  thereafter. 

1123.  Bond.]  § 3.  He  shall,  before  entering  upon  the 
duties  of  his  office,  execute  a bond,  to  the  people  of  the  State 
of  Illinois,  in  the  sum  of  five  thousand  dollars,  with  such  sure- 
ties as  the  mayor  shall  approve,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

1124.  Duties.]  § 4.  It  shall  be  the  duty  of  said  inspec- 
tor to  strictly  conform  to  the  requirements  of  the  statutes  of 
the  state  of  Illinois,  authorizing  the  appointment  of  inspectors 


Department  of  Buildings. 


479 


of  oils,  and  prescribing  their  duties;  said  inspector  shall  make 
monthly  reports  to  the  city  council  of  the  amount  of  fees  re- 
ceived by  him. 

1125.  Inspection  Fee — Deputies.]  § 5.  The  inspector 
of  oils  may  charge  not  to  exceed  the  following  fees:  For  in- 
specting one  barrel,  25  cents;  from  one  to  five  barrels,  20 
cents  each;  from  five  to  ten  barrels,  15  cents  each;  and  over 
ten  barrels,  6 cents  each;  and  collect  the  same  from  the  party 
requiring  his  services.  He  may,  also,  if  necessary  to  the  con- 
venient dispatch  of  his  duties,  appoint  a suitable  number  of 
deputies,  for  whom  he  shall  be  accountable,  which  deputies 
are  hereby  empowered  to  perform  the  duties  of  inspector. 


Chapter  XII. 

DEPARTMENT  OF  BUILDINGS. 


Article.  Article. 

I.  Board  for  Inspection  of  Buildings.  II.  Superintendent  of  Buildings. 

ARTICLE  I. 

BOARD  FOR  INSPECTION  OF  BUILDINGS. 


Section. 

1126.  Department  Created. 

1127.  Quorum. 

1128.  Officers  May  Enter  Building. 

1129.  Power  of  Board. 


Section. 

1130.  Periodical  Examination  of  Building. 

1131.  Other  Inspection  of  Buildings. 

1132.  Record  to  be  Kept— Reports. 

1133.  Obstructing  Officer— Penalty. 


1126.  Department  Created.]  § 1.  There  is  hereby 
created  an  executive  department  of  the  municipal  government 
of  the  city  of  Peoria,  which  shall  be  known  as  the  department 
of  buildings,  and  shall  embrace  the  superintendent  of  build- 
ings, the  board  of  inspection  of  buildings,  which  board  shal^ 


480 


Ordinances. 


be  composed  of  the  superintendent  of  buildings,  fire  marshal 
and  city  engineer,  and  said  department  shall  embrace  also  such 
assistants  and  employes  as  the  city  council  may,  from  time  to 
time,  prescribe  and  establish. 

1127.  Quorum.]  § 2.  Two  members  of  said  board  shall 
constitute  a quorum  for  the  transaction  of  all  business. 

1128.  Officers  May  Enter  Buildings.]  § 3.  All  of  said 
officers  may,  as  far  as  necessary  for  the  performance  of  their 
duties,  enter  in  the  day  time  any  building  or  premises  in  the 
city  of  Peoria. 

1129.  Power  of  Board.]  § 4.  Said  board  shall  have  full 
discretionary  power  to  hear  and  determine,  under  the  provis- 
ion of  any  of  the  ordinances  of  said  city,  as  to  whether  or  not 
any  building  or  structure  in  said  city  is  unsafe  or  dangerous 
for  the  occupants  thereof,  or  for  passers  by,  or  to  adjoining 
property,  or  unsafe  or  dangerous  as  to  fire,  and  may  declare 
any  building  so  found  to  be  unsafe  or  dangerous  to  be  a nuis- 
ance, and  shall  thereupon  take  the  necessary  steps  for  the 
abatement  thereof. 

1130.  Periodical  Examination  of  Buildings.]  § 5.  Said 
board  shall  at  least  once  in  six  months,  inspect  and  examine  all 
public  school  buildings,  public  halls,  churches,  theatres  and  all 
buildings  used  either  for  manufacturing,  commercial  or  hotel 
purposes,  for  the  purpose  of  determining  the  safety  of  the 
building,  or  any  elevator  used  therein;  the  proper  ventilation 
and  drainage  of  any  such  building;  the  condition  of  the  plumb- 
ing; the  safety  of  the  funnels,  flues,  fireboxes  and  heating  ap- 
paratus of  the  same;  the  sufficiency  of  its  doors,  passageways 
or  aisles  and  stairways  and,  generally,  its  facilities  for  egress 
in  case  of  fire  or  accident  happening,  and  shall  make  returns 
of  all  violations  of  any  of  the  provisions  of  the  ordinances  of 
the  city  to  the  city  attorney  for  prosecution. 

1131.  Other  Inspections  of  Buildings.]  § 6.  When- 
ever said  board  shall  be  notified,  or  whenever  it  shall  come  to 


Department  of  Buildings. 


481 


the  knowledge  of  any  member  of  said  board,  that  any  build- 
ing or  premises  are  not  kept  in  the  condition  required  by  the 
ordinances  of  said  city,  or  is  in  an  unsafe  or  dangerous  condi- 
tion, it  shall  be  the  duty  of  the  said  board  to  make  a personal 
inspection  of  such  place  or  building,  and,  if  such  is  found  not 
to  be,  in  such  condition  as  is  required  by  the  ordinances,  or  is 
unsafe  or  dangerous,  said  board  shall  give  notice  in  writing  to 
the  owners  or  lessees  of  such  place  or  building,  to  make  such 
changes,  alterations  or  repairs  as  the  public  safety  and  the 
ordinances  of  the  city  may  require. 

1132.  Record  to  be  Kept — Reports.]  § 7.  The  said 
board  shall  keep  a record  of  all  its  proceedings  and  transac- 
tions, and  shall  make  quarterly  reports  of  its  doings  to  the  city 
council. 

1133.  Obstructing  Officer — Penalty.]  § 8.  Whoever 
shall  resist,  obstruct  or  otherwise  interfere  with  any  member 
of  said  board  in  the  discharge  of  any  of  the  duties  imposed  by 
this  article,  shall,  upon  conviction,  be  fined  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars,  for  each  offense. 

ARTICLE  II. 


SUPERINTENDENT  OF  BUILDINGS. 


Section. 

1134.  Superintendent  — Qualifications  — 
Term. 

ir35.  Appointment  of — Bond. 

1136.  His  General  Control. 

1137.  Inspection  and  Control  of  Buildings 

being  constructed. 

1138.  Stop  Construction— When— Penalty. 

1139.  Control— as  to  Elevator. 

1140.  Enforcement  of  Anti-Fire  Ordinances. 

1141.  Investigation  of  Cause  of  Fire. 


Section. 

1142.  Notices— Permit— Fees— Record. 

1143.  Register  of  Transactions— to  be  Kept. 

1144.  Fees— Amount  of— When  Payable. 

1145.  Record  of  Fees  Received. 

1146.  Weekly  Accounting. 

1147.  Office. 

1148.  Salary. 

1149.  Annual  Report. 

1150.  Disability— Pro  Tern— Substitute. 


1134.  Superintendent — Qualifications — Term.]  § 1. 

There  is  hereby  created  the  office  of  superintendent  of  build- 
ings, who  shall  be  the  head  of  the  department  of  buildings 
and  shall  be  an  experienced  architect,  builder  or  mechanic’ 
competent  to  perform  all  the  duties  of  the  office,  and  during  the 
32 


482 


Ordinances. 


term  of  his  office  he  shall  not  carry  on,  or  be  in  anywise  in- 
terested in  the  business  of  an  architect,  builder,  contractor,  or 
mechanic.  He  shall  hold  his  office  for  the  term  of  two  years, 
and  until  his  successor  shall  be  appointed  and  qualified. 

1135.  Appointment  of — Bond.]  § 2.  He  shall  be  ap- 
pointed by  the  mayor,  by  and  with  the  advice  and  consent  of 
the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as  soon 
thereafter  as  may  be,  which  appointment  shall  be  for  the  term 
of  one  year,  and  until  his  successor  is  appointed  and  qualified, 
and  thereafter  such  appointment  shall  be  made  on  the  first 
Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may  be,  and 
biennially  thereafter.  Said  superintendent,  before  entering 
upon  the  duties  of  his  office,  shall  execute  a bond  to  the  city 
of  Peoria,  in  the  sum  of  ten  thousand  dollars,  with  sureties  to 
be  approved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

1136.  His  General  Control.]  § 3.  He  shall  have 
charge  of  the  enforcement  of  all  ordinances  in  force,  or  which 
may  hereafter  be  passed,  pertaining  to  the  erection,  construc- 
tion, alteration,  repair  or  removal  of  buildings,  the  arrange- 
ment of  heating  appliances,  drainage  and  plumbing,  and  shall 
grant  all  permits  for  the  erection,  construction,  alteration,  re- 
pair or  removal  of  buildings  within  the  city. 

1137.  Inspection  and  Control  of  Buildings  Being  Con- 
structed. | § 4.  He  shall,  as  often  as  practicable,  make 

careful  inspections  of  all  buildings,  while  in  process  of  con- 
struction, to  the  end  that  all  ordinances  of  the  city  relating 
thereto  shall  be  strictly  enforced,  and  shall  have  full  power  to 
pass  upon  any  question  arising  under  any  of  the  ordinances  of 
the  city  relating  to  the  manner  of  construction,  or  materials  to 
be  used  in  the  construction,  alteration,  or  repair  of  any  build- 
ing, or  building,  in  said  city. 

1138.  Stop  Construction — When — Penalty.]  § 5.  Said 
superintendent  shall  have  the  power  to  stop  the  construction 


Department  of  Buildings,  483 

of  any  building,  contracted  for  after  the  adoption  of  this  ordin- 
ance, or  the  making  of  any  alteration  or  repairs  of  any  build- 
ing within  said  city,  when  the  same  is  being  done  in  a reckless 
or  careless  manner,  or  in  violation  of  any  of  the  ordinances  of 
the  city,  and  to  order,  in  writing  or  otherwise,  any  and  all 
persons,  in  any  way  or  manner  whatever,  engaged  in  so  con- 
structing, altering  or  repairing  any  such  building,  to  stop  and 
desist  therefrom.  Any  person  who  shall  refuse,  fail  or  neg- 
lect to  comply  with  such  order  shall  be  subject  to  a penalty 
not  exceeding  twenty-five  dollars  for  such  refusal,  failure  or 
neglect,  and  a further  penalty  of  not  exceeding  fifty  dollars. for 
each  and  every  day  he  shall  continue  to  fail,  refuse  or  neglect 
to  comply  with  such  order. 

1139.  Control,  as  to  Elevator.]  § 6.  He  shall  have 
power  to  make  an  order  prohibiting  the  use  of  any  elevator, 
whenever  the  same,  or  the  hoistway  in  which  it  is  used,  is  in 
a dangerous  or  unsafe  condition;  and  any  such  order  shall  con- 
tinue in  force  until  such  elevator  or  hoistway,  or  both,  are  put 
in  a perfectly  safe  condition.  Whoever  shall  continue  to  use 
any  elevator,  after  an  order  prohibiting  the  use  of  the  same 
has  been  made  by  the  superintendent  of  buildings,  and  before 
the  necessary  repairs  thereon  have  been  made,  shall  be  sub- 
ject to  a fine  of  not  less  than  five  dollars,  nor  more  than  fifty 
dollars  for  each  offense,  and  a like  penalty  for  each  and  every 
day  the  same  shall  be  so  used. 

1140.  Enforcement  of  Anti-Fire  Ordinances.]  § 7.  He 

shall  enforce  all  ordinances  of  the  city  relating  to  the  storage 
of  combustibles,  and  the  arrangement  of  heating  appliances^ 
engines,  boilers,  forges,  or  manufacturing  by  the  use  of  heat. 

1141.  Investigation  of  Cause  of  Fire.]  § 8.  He  shall 
make  a careful  investigation  of  the  origin  or  cause  of  all  fires 
occuring  in  said  city,  and  keep  a record  of  such  inquiries. 

1142.  Notices — Permits — Fees — Record.]  § 9.  Said 
superintendent  shall  sign  all  certificates  and  notices  required  to 


484 


Ordinances. 


be  issued  from  said  department,  and  keep  a record  of  the 
same,  and  issue  all  permits,  authorized  to  be  issued,  and  collect 
all  fees  due  said  department. 

1143.  Register  of  Transactions — to  be  Kept.]  § io. 

Said  superintendent  shall  keep  in  proper  books  for  that  pur- 
pose, a register  of  all  transactions  of  said  department,  which 
said  books  shall  be  open  to  the  inspection  of  the  mayor,  comp- 
troller, superintendent  of  police,  fire  marshal,  and  members  of 
the  city  council,  at  all  times. 

1144.  Fees — Amount  of — When  Payable.]  § n.  The 

superintendent  shall  collect  the  following  fees  for  all  permits 
granted : 

For  each  permit  for  the  removal  of  any  building,  $2. 

For  each  application  for  a permit  for  the  erection,  alteration 
or  repair  of  any  building,  as  follows: 

When  the  estimated  cost  does  not  exceed  $200,  the  fee 
shall  be  $1.00. 

For  over  $200  and  not  exceeding  $1,000,  the  fee  shall  be 
$2.00. 

For  over  $1,000  and  not  exceeding  $3,000,  the  fee  shall  be 
$3.00. 

For  over  $3,000  and  not  exceeding  $5,000,  the  fee  shall  be 
$5.00. 

And  for  each  additional  $1,000  after  the  first  $5,000,  the 
applicant  shall  pay  an  additional  fifty  cents  for  each  $1,000. 

In  case  the  permit  is  refused,  for  the  reason  that  the  pro- 
posed building,  alteration  or  repair,  does  not  comply  with  the 
ordinances,  the  fee  paid  shall  not  be  refunded;  and  in  case 
changes  are  made  in  the  proposed  building,  alteration,  or  re- 
pairs, so  as  to  conform  to  the  ordinances  of  the  city,  only  one 
fee  shall  be  collected.  All  fees  shall  be  paid  at  the  time  the 
application  for  the  permit  is  filed. 


Department  of  Buildings. 


485 


1145.  Record  of  Fees  Received.]  § 12.  Said  superin- 
tendent shall  keep  an  accurate  account  of  all  fees  paid  and  re- 
quired to  be  paid  to  him,  giving  the  name  of  the  party,  date, 
and  amount  of  such  fee  or  fees. 

1146.  Weekly  Accounting.]  § 13.  Said  superintend- 
ent shall,  on  the  last  day  of  each  and  every  week,  pay  over  to 
the  city  treasurer  all  moneys  collected  by  him,  and  shall  take 
a receipt  and  duplicate  receipt  therefor,  and  shall  deposit  such 
duplicate  receipt  with  the  city  comptroller,  and  shall  render  a 
report,  under  oath,  monthly,  to  the  city  comptroller,  of  all 
moneys  received. 

1147.  Office.]  § 14.  Said  superintendent  shall  keep  his 
office  at  such  place  within  said  city,  as  shall  be  provided  by 
the  city  council,  and  shall  attend  there  for  the  transaction  of 
the  business  of  his  office. 

1148.  Salary.]  § 15.  The  salary  of  the  superintendent 
of  buildings  shall  be  fixed  by  the  city  council,'  but  shall  in  no 
case  exceed  the  amount  of  the  fees  of  the  office  which  are 
collected. 

1149.  Annual  Report.]  § 16.  Said  superintendent 

shall,  at  the  end  of  each  fiscal  year,  prepare  and  present  to  the 
city  council  a report  showing  the  receipts  and  expenditures  and 
entire  work  of  his  department  during  the  previous  fiscal  year. 
He  shall,  at  the  same  time,  send  to  the  comptroller  a full  and 
comprehensive  statement  of  all  matters  pertaining  to  the  de- 
partment, together  with  an  estimate  in  detail  for  the  appro- 
priations required  by  the  department  during  the  current  year. 

1150.  Disability — Pro-tem. — Substitute.]  § 17.  In  the 

absence  of  the  superintendent,  from  sickness  or  other  cause, 
the  mayor  may  designate  one  of  the  other  members  of  the 
board  for  the  inspection  of  buildings,  to  act  in  his  place  during 
such  absence,  with  the  same  powers  exercised  by  the  superin- 
tendent; but  no  additional  compensation  shall  be  paid  to  him 
for  such  services. 


48  6 


Ordinances. 


Chapter  XIII. 

MISCELLANEOUS  ORDINANCES. 


ARTICLE  i. 


AMUSEMENTS. 

Section.  Section. 

1151.  Entertainments— License— Penalty.  1158.  License— How  Taken  Out— Penalty. 

1152.  License — Term  of  and  Fee  for.  1159.  Mutilation  of  Amusement  Bills— Pen- 

1153.  Fees.  alty‘ 

1154.  License-City  Clerk  to  Issue.  Il6°*  Intoxicating  Liquors-Penalty. 

1155.  License  Subject  to  Ordinances.  “6l-  Seats  in  Passageways-Penalty. 

1156.  Prohibitions  in  License-Revocation  ii62‘  SPecial  Police  Patrolmen. 

— Penalty.  1163.  Refusal  to  Move  on  After  Notice — 

1157.  Concert  in  Saloon— Permit— Penalty.  Penalty. 


1151.  Enteitainments — License — Penalty.]  § i.  It 

shall  not  be  lawful  for  any  person,  company,  corporation  or 
association,  in  said  city  to  exhibit  any  show,  legerdemain, 
menagerie,  figures  or  other  things,  nor  to  perform  any  feats, 
such  as  circus  riding  or  exhibitions,  or  anything  of  the  like 
nature,  nor  to  exhibit  any  panoramas,  curiosities  or  other 
things,  nor  to  give  theatrical  or  musical  performances,  or  mus- 
ical concerts  or  entertainments,  nor  to  perform  any  tricks  such 
as  are  played^  by  persons  generally  known  by  the  name  of 
magicians,  rope,  and  wire  dancers,  nor  to  preform  any  slight 
ot  hand  with  cards,  cups,  balls  or  othej  things,  where  money 
is  charged  for  admission  to  hear  or  see  or  operate  the  same, 
or  where  money  directly  or  indirectly  is  charged  or  solicited 
for  hearing,  operating,  or  seeing  any  such  performances  or 


Amusements. 


487 


exhibitions,  without  first  having  obtained  a license  for  that 
purpose,  as  hereinafter  provided;  and  any  person  violating  this 
section,  shall  forfeit  and  pay  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  every  offense:  Provided,  that 
the  provisions  of  this  section  shall  not  apply  to  any  public  en- 
tertainment, the  proceeds  of  which  are  for  the  benefit  ot  any 
religious,  charitable,  or  educational  institution  located  in  the 
city  of  Peoria. 

1152.  License — Terms  of — Fee  for.  J § 2.  Each  license 
shall  express  for  what  it  is  granted  and  the  time  it  is  to  con- 
tinue, and  the  following  tax,  or  license  fee,  shall  be  imposed 
upon  each  license  granted,  as  aforesaid,  and  paid  to  the  city 
clerk,  on  the  granting  of  such  license,  as  follows,  viz: 

1153.  Fees.  § 3.  To  circus  or  menagerie  companies, 
their  managers  or  agents,  to  exhibit  and  perform  for  one  day, 
seventy-five  dollars;  for  two  days,  one  hundred  dollars;  and 
twenty-five  dollars  for  every  day  after  two  days.  And  when 
the  charge  for  admission  is  twenty-five  cents  or  under,  fifty 
dollars  for  one  day,  sixty-five  dollars  for  two  days,  and  fifteen 
dollars  for  every  day  after  two  days. 

To  proprietors  of  opera  houses  and  theaters  in  the  city  of 
Peoria  for  one  year,  upon  the  payment  to  the  city  treasurer 
of  three  hundred  dollars  in  advance:  Provided,  that  any 
opera  house  or  theater  in  said  city  of  Peoria,  which  is  not 
licensed  by  the  year,  shall  be  charged  license  in  accordance 
with  the  provisions  of  the  following  clause : 

To  managers  or  agents  of  theaters,  shows,  concerts  or  ex- 
hibitions, performances  or  entertainments  of  any  kind  as  herein 
mentioned  upon  the  following  terms:  When  the  price  of  ad- 
mission to  the  same  is  seventy-five  cents  or  under,  five  dollars 
per  day  shall  be  charged,  and  where  the  price  of  admission 
is  over  seventy-five  cents,  ten  dollars  per  day  shall  be 
charged. 


483 


Ordinances. 


1154.  License — City  Clerk  to  Issue.]  § 4.  Every 
such  license  shall  be  issued  by  the  city  clerk,  upon  the  pay- 
ment to  him  of  the  license  tax  or  fee,  and  shall  be  signed  by 
the  mayor  and  countersigned  by  the  comptroller. 

1155.  License  Subject  to  Ordinance — and  in  Discretion 
of  Mayor.]  § 5.  Every  license  granted  under  the  provisions 
hereof,  shall,  at  all  times,  be  subject  to  the  ordinances  of  the 
city  existing  when  the  same  shall  be  issued,  or  which  shall 
thereafter  be  passed,  so  far  as  the  same  shall  apply.  And  the 
mayor  may,  in  his  discretion,  refuse  to  grant  any  such  license, 
when  he  has  reasonable  cause  to  believe  that  the  giving  of  any 
such  proposed  exhibition  would  be  a violation  of  any  ordi- 
nance of  the  city. 

1156.  Prohibitions  in  Licenses — Revocation — Pen- 
alty.]  § 6.  All  licenses  for  entertainments,  where  a license 
is  required,  shall  contain  a proviso  that  no  gaming,  raffle,  lot- 
tery or  chance  gift,  distribution  of  money  or  articles  of  value 
shall  be  connected  therewith,  or  allowed  by  the  person  obtain- 
ing such  license,  or  in  anywise  permitted  or  held  out  as  an  in- 
ducement to  visitors;  and  also  a proviso  that  no  indecent,  im- 
moral, lewd  or  scandalous  play  or  other  representation  shall 
be  given  under  such  license.  Whoever  shall  violate  the  pro- 
visions of  his,  her  or  their  license,  as  aforesaid,  shall  forfeit 
and  pay  a fine  of  not  less  than  five  dollars,  nor  more  than  fifty 
dollars  for  each  and  every  offense;  and  it  shall  be  the  duty 
of  the  mayor  to  revoke  the  license  of  any  such  person  or 
persons  upon  conviction  for  any  such  offense. 

1157.  Concert  in  Saloon — Permit — Penalty.]  § 7.  No 

person,  or  persons  shall  be  allowed  to  give  any  concert  or 
entertainment  in  any  licensed  saloon  or  grocery,  or  in  any  place 
the  entrance  to  which  is  through  a saloon  or  grocery,  within 
the  city  of  Peoria,  without  a special  permit  from  the  mayor; 
and  any  person,  or  persons  violating  the  provisions  of  this 
section  shall  be  fined  not  less  than  five  dollars,  nor  more 
than  fifty  dollars,  and  shall  have  his  license  revoked. 


Amusements. 


489 


1158-  License — How  Taken  Out — Penalty.]  § 8.  It 

shall  be  the  duty  of  every  proprietor  or  lessee  of  any  theater, hall, 
or  other  place  where  public  entertainments  are  given  before  he 
permits  any  person,  or  persons  to  use  the  same  for  the  purpose  of 
giving  any  entertainment  therein  for  gain,  to  obtain  from  the 
mayor  the  license  herein  required,  either  in  his  own  name,  or 
in  the  name  of  the  person  proposing  to  give  such  entertain- 
ment, under  a penalty  of  fifty  dollars  for  each  and  every  vio- 
lation of  this  section. 

1159-  Mutilation  of  Amusement  Bills — Penalty.]  § 9. 

It  shall  not  be  lawful  for  any  person  or  persons  to  destroy, 
tear,  mutilate,  cover  over,  or  otherwise  deface  or  injure,  any 
bill  or  poster  (posted  in  such  place  as  may  be  permitted), 
descriptive  of  any  performance  or  entertainment  given  in  any 
licensed  theater  or  hall,  or  in  pursuance  of  a license  given  by 
the  city;  and  any  person  or  persons  violating  the  provisions  of 
this  section  shall  be  subject  to  a fine  of  not  exceeding  twenty- 
five  dollars  for  each  and  every  violation  thereof. 

1160.  Intoxicating  Liquors — Penalty.]  § 10.  It  shall 
be  unlawful  for  any  person  or  persons  to  sell  or  give  away 
any  spirituous,  vinous,  malt  or  other  intoxicating  liquors,  in 
any  theater,  hall  or  other  building  where  entertainments  are 
given  for  gain,  or  in  any  room  or  rooms  connected  with  the 
same,  under  a penalty  of  not  less  than  five  dollars,  nor  more 
than  fifty  dollars,  for  each  and  every  violation  of  this  section. 

1161.  Seats  in  Passage  Ways — Penalty.]  §11.  No 
chairs,  stools  or  seats  of  any  description,  shall  be  placed  or 
permitted  to  remain  in,  or  across  the  lobby,  aisles  or  passage 
ways,  in  any  theater,  hall,  or  other  public  "bui.ding,  when 
occupied  by  the  public,  under  a penalty  of  ten  dollars  for  each 
and  every  violation  of  this  section;  and  it  shall  be  the  duty  of 
the  police  force  to  see  that  the  foregoing  provisions  are 
strictly  observed  and,  in  case  of  any  violation  thereof,  forth- 
with to  proceed  to  clear  any  obstructed  aisle,  passage  way, 
or  lobby,  and  to  arrest  the  offender  or  offenders. 


490 


Ordinances. 


1162.  Special  Police  Patrolmen.]  § 12.  It  shall  be 
the  duty  of  every  owner,  or  lessee  of  every  licensed  theater, 
hall,  or  other  building,  to  keep  and  preserve  good  order  in 
and  about  his  premises  and,  to  that  end,  he  shall  hire  and 
keep  at  his  own  expense  a sufficient  number  of  special  police 
patrolmen. 

1163.  Refusal  to  Move  on  After  Notice — Penalty.] 

§13,  It  shall  not  be  lawful  for  any  person  or  persons  to 
stand  in  the  lobby  or  outer  entrance  of  any  licensed  theater, 
hall,  or  any  other  public  building,  or  on  the  sidewalk  adjacent 
to,  and  within  fifty  feet  of  such  entrance,  after  a request  to 
move  on,  made  by  the  owner,  lessee,  or  any  police  officer, 
under  a penalty  of  five  dollars  for  every  such  offense. 

ARTICLE  2. 

AUCTION  AND  AUCTIONEERS. 


Section, 

1164.  Auction  Sales,  to  be  only  by 

Licensees — Penalty. 

1165.  License  Fee. 


Section. 

1166.  Occasional  Auction  Sales— Penalty. 

1167.  No  Sales  on  Street — Penalty. 


1164.  Auction  Sales — To  be  Only  by  Licensee — Pen- 
alty.] § 1.  That  it  shall  not  be  lawful  forany  person  within 
said  city  to  exercise  the  business,  trade  or  vocation  of  an  auc- 
tioneer, nor  to  sell  or  vend  at  public  auction  any  goods,  wares, 
merchandise  or  real  estate,  or  any  interest  therein,  without 
first  having  obtained  from  said  city  a license  for  that  purpose 
as  hereinafter  provided;  and  any  person  violating  this  section, 
shall  forfeit  and  pay  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars,  for  every  offense:  provided,  that  sales  at 
public  auction  made  by  sheriffs,  masters-in-chancery,  coronors, 
collectors,  marshals,  policemen,  constables,  executors  and  ad- 
ministrators, by  virtue  of  their  respective  offices,  are  hereby 
exempted  from  the  operation  of  this  section. 


Auction  and  Auctioneers.  491 

1165.  License  Fee.]  § 2.  Any  person  may  become  an 
auctioneer  and  be  licensed  to  sell  real  and  personal  property 
at  public  auction,  at  a place  to  be  named  in  said  license,  upon 
the  payment  to  the  city  of  a license  fee  as  follows: 

First . To  auctioneers  for  the  period  of  one  year  for  the 
sum  of  one  hundred  dollars.  Persons,  so  licensed  to  sell  at 
auction,  shall  have  but  one  regular  place  of  business,  to  be 
designated  in  said  license,  and  shall  keep,  or  use  but  one  auc- 
tion or  sale  room,  and  shall  not  permit  other  persons  to  sell 
under  their  licenses. 

1166.  Occasional  Auction  Sales — Penalty.]  § 3.  Any 

other  person,  who  shall  desire  to  sell  at  auction,  shall  procure 
a license  for  so  selling  at  auction,  and  shall  pay  for  any  such 
license  the  sum  of  ten  dollars  per  day  for  the  first  ten  days  of 
such  sale,  and  the  sum  of  five  dollars  per  day  thereafter  dur- 
ing the  continuance  of  any  such  sale,  under . a penalty  of  not 
less  than  twenty-five  dollars,  nor  more  than  one  hundred  dol- 
lars, for  each  offense. 

1167.  No  Sales  on  Street.]  § 4.  It  shall  be  unlawful 
for  any  auctioneer,  or  his  agent,  or  crier,  to  sell  or  cry,  or 
offer  for  sale,  at  public  auction,  any  articles,  goods,  wares  or 
merchandise,  upon  any  street,  alley,  sidewalk  or  public 
ground;  but  such  auctioneer  shall  sell  all  articles  and  things 
offered  for  sale  by  him  at  public  auction  in  the  rooms  or  ware- 
house occupied  by  him,  and  he  shall  so  arrange  his  place  of 
sale  in  said  rooms  or  warehouse,  that  no  portion  of  the  bidders 
or  bystanders  will  be  compelled  or  required  to  stand  or  remain 
on  the  street  or  sidewalk  in  front  of  his  said  auction  rooms  or 
warehouse;  and  any  auctioneer  or  person  convicted  of  a viola- 
tion of  this  section  shall  forfeit  and  pay  a sum  not  exceeding 
one  hundred  dollars,  for  every  offense,  and  on  conviction  for  a 
second  offense,  the  police  magistrate  or  jury  trying  the  cause, 


49  2 


Ordinances. 


in  addition  to  the  fine  imposed,  may,  in  his  or  their  discretion, 
declare  the  auction  license  of  the  defendant  forfeited,  and  such 
forfeiture  shall  be  entered  up  as  a part  of  the  judgment. 

ARTICLE  3. 

BARBED  WIRE  FENCE. 

Section.  Section. 

1168.  No  Barbed  Wire  Fence  on  Street,  Etc.  1170.  Penalty. 

1169.  Refusal  to  Move. 

1168.  No  Barbed  Wire  Fence  on  Street,  Etc.]  § i. 

No  fence  or  barrier  consisting  or  made  of  what  is  called 
“barbed  wire”  or  of  which  barbed  wire  is  a part,  shall  be 
built,  constructed,  or  used  within  the  city  of  Peoria,  along  the 
line  of,  or  in,  or  upon,  or  along  any  street  alley  or  public  walk 
or  drive,  or  through,  along  or  around,  any  public  park;  or  in 
or  about,  or  along  any  land  or  lots  or  parks  owned  or  con- 
trolled by  the  city  of  Peoria. 

1169.  Refusal  to  Remove.]  § 3.  Wherever  in  the  city 
of  Peoria,  in,  along  or  through  any  public  street,  alley  or  park, 
barbed  wire  is  now  in  use  in  part  or  in  whole  for  fence  or  bar- 
rier, the  same  shall  be  removed;  and  any  party  or  parties 
owning,  controlling  or  building  the  same  shall  upon  written 
notice  from  the  department  of  public  works,  remove  such 
barbed  wire  within  thirty  days  from  service  of  such  notice 
upon  the  party  or  parties  so  building,  controlling  or  maintain- 
ing such  barbed  wire  fence  or  barrier,  and  upon  failure  of  such 
party,  or  parties  to  comply  with  said  notice,  such  party,  or 
parties  shall  be  subject  to  the  fine  hereinafter  provided. 

1170.  Penalty.]  § 3.  Any  person,  or  persons  violating 
any  of  the  provisions  of  this  article  shall  be  liable,  upon  con- 
viction, to  a fine  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars. 


Billiard  Tables  and  Ball  Alleys. 


493 


ARTICLE  4. 

BILLIARD  AND  POOL  TABLES  AND  BALL  ALLEYS. 


Section. 

1171.  Billiard  and  Pool  Tables -License — 

Penalty. 

1172.  Billiard  and  Pool  Tables — Minors. 


Section. 

1x73.  Bagatelle  Tables  — Pin  Alleys 
License. 

1174.  License  Fee. 


1171.  Billiard  or  Pool  Table — License — Penalty.]  § 1. 

It  shall  not  be  lawful  for  any  person  in  said  city  to  keep  any 
billiard,  or  pool  table,  or  tables  with  a view  of  gain,  either 
directly  or  indirectly,  or  where  money  is  charged  for  the  use 
of,  or  for  playing  on  the  same,  without  first  having  obtained  a 
license  for  that  purpose,  as  hereinafter  provided;  and  any  per- 
son violating  this  section  shall  forfeit  and  pay  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars  for  every 
offense. 

1172.  Billiard  or  Pool  Table — Minors — Penalty.]  § 2. 

It  shall  not  be  lawful  for  any  person  having  a license  from 
said  city  to  keep  a billiard  or  pool  table,  or  tables,  to  suffer  or 
permit  any  minor  under  the  age  of  eighteen  years  to  play  at 
billiards,  or  pool,  at  or  upon  any  such  table,  or  to  frequent, 
remain  at,  or  be  harbored  in  or  about,  any  billiard  or  pool 
table,  or  room,  and  any  person  violating  this  section  shall  for- 
feit and  pay  not  less  than  twenty  dollars,  nor  more  than  one 
hundred  dollars,  for  every  offense;  and  the  magistrate  before 
whom  the  trial  is  had  may,  in  his  discretion,  enter  up,  as  a 
part  of  the  judgment,  a forfeiture  of  the  license. 

1173.  Bagatelle  Table — Pin  Alley — License — Penalty.J 

§ 3.  It  shall  be  unlawful  for  any  person  in  said  city  to  keep 
any  nine  or  ten-pin  alley,  bagatelle  table,  pin  alley  or  table,  or 
any  ball-alley,  with  a view  of  gain,  either  directly  or  indirectly, 
or  where  money  is  charged  for  the  use  of  or  for  playing  on 
the  same,  without  first  having  obtained  a license  for  that  pur- 


494 


Ordinances. 


pose,  as  hereinafter  provided;  and  any  person  violating  this 
section  shall  forfeit  and  pay  not  less  than  twenty-five  dollars, 
nor  more  than  one  hundred  dollars,  for  every  offense. 

1174-  License  Fee.  § 4.  Licenses  may  be  granted  to 
the  keeper  of  any  billiard  or  pool  table,  bagatelle  table  or  pin 
alley,  on  the  following  terms  and  conditions: 

First.  To  the  keepers  of  billiard  or  pool  tables,  for  the 
term  of  one  year,  twenty  dollars  for  every  table. 

Second.  To  the  keepers  of  bagatelle  tables  for  the  term  of 
one  year,  twenty-five  dollars  for  every  table. 

Third.  To  keepers  of  nine  or  ten-pin  alleys  for  the  term 
of  one  year,  ten  dollars  for  every  alley. 

ARTICLE  5. 

BILL  POSTING. 

Section.  Section. 

1175.  Bill  Posting— License  Required—  1178.  Bill  Posting— Prohibition— Penalty. 

Penalty.  1179.  Bill  Poster — Revocation  of  License. 

1x76.  License  Fee.  1180.  posting  Bills  — Medical  Nostrums  or 

1x77.  Obscene  and  Immoral  Illustrations—  Skill— Penalty. 

Posting  of— Penalty. 


1175,  Bill  Posting — License  Required — Penalty]  § i. 

No  person,  firm  or  corporation  shall  carry  on  the  business  of 
bill-posting,  within  the  limits  of  the  city  of  Peoria,  without 
having  first  obtained  a license  therefor,  under  a penalty  of  not 
less  than  twenty-five  dollars,  or  more  than  one  hundred  dol- 
lars, for  each  offense. 

1176,  License  Fee.]  § 2.  Every  person,  firm  or  cor- 
poration carrying  on  the  business  of  bill-posting  within  the 
city  of  Peoria,  shall  pay  an  annual  license  fee  of  fifty  dollars; 
Provided , however , that  any  person  carrying  on  the  business 
of  bill  posting,  who  does  not  use  a horse  and  wagon  in  said 
business,  shall  be  charged  an  annual  license  fee  of  fifteen 
dollars. 


Bill  Posting. 


495 


1177.  Obscene  and  Immoral  Illustrations — Posting  of 
— Penalty.]  § 3.  No  person,  firm  or  corporation,  carrying 
on  the  business  of  bill-posting,  shall,  within  the  limits  of  the 
city  of  Peoria,  post,  or  cause  to  be  posted,  any  advertisement, 
containing  pictures  or  illustrations  of  an  obscene  or  immoral 
character,  under  a penalty  of  not  less  than  twenty-five  dollars, 
nor  more  than  two  hundred  dollars,  for  each  offense. 

1178.  Bill  Posting — Prohibition — Penalty.]  § 4.  No 

person  shall  paste,  paint,  print  or  nail  any  hand  bill,  sign, 
poster,  advertisement  or  notice  of  any  kind,  on  any  curb-stone, 
flag-stone  or  any  other  portion  or  part  of  any  sidewalk,  or 
upon  any  tree,  lamp-post,  hitching-post,  telegraph  pole,  tele- 
phone pole,  electric  light  pole,  hydrant,  police  patrol  box,  or 
upon  any  private  wall,  door,  gate  or  fence  (without  the  con- 
sent, in  writing,  of  the  owner  of  such  wall,  door,  gate  or 
fence),  under  a penalty  of  ten  dollars  for  each  and  every 
offense. 

1179.  Bill  Poster — Revocation  of  License.]  § 5.  It 

shall  be  the  duty  of  the  mayor  to  revoke  the  license  of  any 
bill  poster,  who  may  be  convicted  of  violating  any  of  the  pro- 
visions of  this  article. 

1180-  Posting  Bills — Medical  Nostrums  or  Skill- 
Penalty.]  § 6.  No  person  shall  place  or  post,  or  caused  to 
be  placed  or  posted,  in  any  street  or  other  public  place,  in  the 
city  of  Peoria,  any  handbill  or  advertisement,  giving  notice  of 
any  person  having,  or  professing  to  have,  skill  in  the  treat- 
ment or  curing  of  any  disorder  or  disease,  or  giving  notice  of 
the  sale  or  exposure  to  sale  of  any  nostrum  or  medicine,  under 
a penalty  of  twenty-five  dollars,  for  each  offense. 


496 


Ordinances. 


ARTICLE  6. 


BLACKSMITH  SHOPS. 


Section. 

1181.  Blacksmith  Shop— Restriction  of 


Location— Permit. 


Section. 

1182.  Discontinuance  of  Business— Penalty. 


1181.  Blacksmith  Shop — Restriction  of  Location — Per- 
mit— Penalty.]  § 1.  That  it  shall  be  unlawful  for  any  per- 
son in  said  city  to  erect,  build  or  place  a blacksmith  shop,  or 
blacksmith  establishment,  or  to  conduct  or  carry  on  the  busi- 
ness, trade  or  occupation  of  a blacksmith,  upon  any  part  of 
any  block  in  said  city,  without  a permit  from  the  city  council, 
and  any  person  violating  this  section  shall  be  deemed  guilty  of 
creating  and  maintaining  a nuisance,  and  on  conviction  shall 
forfeit  and  pay  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars:  Provided,  a permit  may  be  granted  by  the 
city  council  to  carry  on  said  business,  if  the  owners  represent- 
ing more  than  one  half  of  the  feet  frontage  around  said  entire 
block  petition,  in  writing,  for  such  permit. 

1182.  Discontinuance  of  Business — Penalty.]  § 2.  Any 

person  who  shall  be  convicted  for  a violation  of  the  foregoing 
section  shall,  within  five  days  thereafter,  discontinue  the  busi- 
ness, trade  and  occupation  of  blacksmithing  and  blacksmith 
work  on  the  block  where  the  same  was  carried  on  and 
conducted  by  him  at  the  time  of  his  said  conviction;  and 
any  person  who  shall  fail,  refuse  or  neglect  to  so  discontinue 
said  business  after  the  expiration  of  said  five  davs,  shall  for- 
feit and  pay  not  less  than  twentv-five  dollars  nor  more  than 
one  hundred  dollars  for  every  day  he  shall  conduct  and 
carry  on  said  business  after  the  expiration  of  said  five  days. 


Boats. 


497 


ARTICLE  7. 

BOATS. 

Section.  Section. 

1183.  License  to  Let— Required.  1187.  No  Letting  to  Minors— Exception. 

1184.  License  Fee— Revocation.  1188.  Penalty. 

1185.  License  to  Designate  Place  of  Business.  1189.  Steam  Vessels— License. 

1x86.  License— Number  on  Boat.  1190.  License  Fee— Revocation. 

1191.  Penalty. 


1183-  License  to  Let,  for  Hire — Required. J § i.  No 

person,  firm  or  corporation  shall  use,  keep  or  let  for  hire,  any 
sail  or  row  boat,  within  the  limits  of  the  city  of  Peoria,  with- 
out first  having  obtained  a license  for  each  and  every  such 
boat. 


1184-  License  Fee — Revocation.]  § 2.  All  applica- 
tion for  licenses  shall  be  made  to  the  mayor,  and  upon  the 
payment  to  the  city  clerk  of  two  dollars  annuallv  for  each  sail 
boat,  and  one  dollar  annually  for  each  row  boat,  a license  shall 
be  issued  by  the  city  clerk,  and  the  mayor  may,  for  cause,  re- 
voke any  or  all  of  such  licenses.  Such  licenses  shall  expire 
on  the  first  day  of  May  in  each  year. 


1185.  License  to  Designate  Place  of  Business.]  § 3. 

All  licenses,  so  granted,  shall  particularly  designate  the  place 
where  said  boats  shall  be  kept  for  hire,  which  place  shall  be 
fixed  by  the  mayor,  and  no  person,  firm  or  corporation  shall 
carry  on  said  business  at  any  other  place  than  that  designated 
in  such  license. 


1186  License  Number  on  Boat.J  § 4.  Every  sail 
and  row  boat  kept  for  hire,  shall  have  a number,  to  be  desig- 
nated in  the  license  of  the  owner  thereof,  marked  on  the  outer 
side  of  such  boat,  in  plain,  legible  figures,  of  not  less  than 
three  inches  in  length,  and  one  inch  in  width. 

1187-  No  Letting  to  Minors — Exception.]  § 5.  No 

person  within  the  city  of  Peoria,  with  or  without  license,  shall 
33 


498 


Ordinances. 


let  for  hire,  or  loan,  or  allow  any  minor  to  use  any  sail,  or 
row  boat,  upon  the  Illinois  river,  without  the  written  consent 
of  the  parent,  or  guardian  of  said  minor. 

1188-  Penalty.]  § 6.  Any  person,  firm  or  corporation, 
who  shall  violate  any  of  the  provisions  of  this  article,  shall  be 
subject  to  a penalty  of  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars,  for  each  and  every  offense. 

1189-  Steam  Vessels — License.]  § 7.  No  person,  firm 
or  corporation  shall  use,  keep,  or  let  for  hire,  any  steam  vessel, 
steam  pleasure  boat,  or  steam  tug  boat,  for  the  purpose  of 
carrying  or  conveying  passengers,  for  hire,  in  and  about  the 
harbor  of  the  city  of  Peoria,  or  from  that  point  to  any  place 
on  the  Illinois  river  and  return,  without  first  having  obtained 
a license  for  each  and  every  such  steam  vessel,  steam  pleasure 
boat,  or  steam  tug  boat:  Provided,  that  this  section  shall  not 
apply  to  vessels  making  regular  trips  and  plying  between  cer- 
tain stated  points. 

1190  License  Fee — Revocation.]  § 8.  All  applica- 
tions for  licenses  of  such  steam  vessels,  boats  or  tugs  shall  be 
made  to  the  mayor,  and  upon  the  payment  of  fifteen  dollars 
annually  to  the  city  clerk,  if  the  mayor  shall  consider  such 
person,  firm  or  corporation  suitable  and  proper  to  be  licensed, 
and  that  the  said  steam  vessel,  steam  pleasure  boat,  or  steam 
tug,  is  in  good  repair  and  first-class  condition  for  its  proposed 
use,  a license  shall  be  issued  by  the  city  clerk,  and  the  mayor 
may,  for  cause,  revoke  any,  or  all  of  such  licenses.  Such 
licenses  shall  expire  on  the  first  day  of  May  in.every  year. 

1191.  Penalty.]  § 9.  Every  person,  firm  or  corpora- 
tion, who  shall  violate  any  of  the  provisions  of  this  article, 
where  no  other  penalty  is  provided,  shall  be  subject  to  a pen- 
altv  of  not  less  than  twenty  dollars,  nor  more  than  one  hun- 
dred dollars,  for  each  and  every  offense. 


Bridges. 


499 


ARTICLE  8. 

BRIDGES. 


Section. 

1x92.  Application  of  this  Article. 

1193.  Crossing  at  a Walk,  Only— Penalty. 

1x94.  Drove  of  Cattle  or  Horses,  Limited — 
Steam  Engine— Penalty. 

1195.  Unnecessary  Delays — Penalty. 

1196.  Law  of  the  Road— to  the  Right. 

1197.  Obstruction  of  Passage— Penalty. 

1198.  Processions— Break  Step— Penalty. 

1199.  Vessel  Signals. 

1200.  Signals  Prescribed. 


Section. 

1201.  Duty  as  to  Vessels — When  Signal  Dis- 

played. 

1202.  Violation — Penalty. 

1203.  Driving  on  Bridge  or  Draw  After  No- 

tice of  Opening — Penalty. 

1204.  Appointment  of  Bridge  Tenders. 

1205.  Opening  and  Closing  Bridge  and  Com 

pensation  of  Tender. 

1206.  Tenders  to  see  that  Regulations  are 

Enforced. 


1192.  Application  of  this  Article.]  § 1.  The  provis- 
ions of  this  article  shall  govern  and  apply  to  the  bridge  extend- 
ing across  the  Illinois  river,  from  the  foot  of  Bridge  street,  in 
said  city,  and  also  govern  and  apply  to  any  other  bridge  that 
may  hereafter  be  owned,  purchased,  or  under  the  control  of 
the  city  of  Peoria,  and  extending  across  said  river. 

1193.  Crossing  at  Walk  Only — Penalty.]  § 2.  No 

person  shall  ride,  lead  or  drive  any  wagon,  carriage,  dray, 
cart  or  other  vehicle,  or  conveyance,  nor  any  horse,  ox  or  other 
animal  upon,  or  over,  or  across  such  bridge,  at  a faster  gait, 
or  pace  than  a common  walk,  and  any  person  who  shall  be 
guilty  of  a violation  of  this  section,  shall,  on  conviction  thereof, 
for  each  and  every  offense,  forfeit  and  pay  to.  said  city  a sum 
not  less  than  one  dollar,  nor  more  than  ten  dollars,  in  the  dis- 
cretion of  the  court. 

1194.  Drove,  Cattle  or  Horses,  Limited — Steam  En- 
gine— Penalty.]  § 3.  No  person  shall  drive  or  assist  in 
driving  on,  or  across  such  bridge,  to  exceed  five  head  of  cattle 
or  horses,  or  twenty  head  of  hogs  or  other  animals,  at  any  one 
time  in  a drove,  nor  shall  it  be  lawful  for  any  person  being  the 
owner  of,  or  in  charge  of,  any  steam  engine,  whether  the  same 
be  propelled  and  moved  by  steam  or  otherwise,  to  cross,  or 


£oo 


Ordinances. 


'attempt  to  cross  said  bridge;  and  any  person  violating  the 
provisions  of  this  section  shall,  on  conviction  thereof,  for  each 
and  every  offense,  forfeit  and  pay  a fine  of  not  less  than  five 
dollars,  nor  more  than  twenty-five  dollars,  in  the  discretion  of 
the  court. 

1195.  Unnecessary  Delays — Penalty.]  § 4.  That  it 
shall  not  be  lawful  for  any  person,  with  any  team  or  teams, 
horses,  oxen,  cattle,  wagon,  carriage  or  any  other  vehicle, 
whatever,  unnecessarily  or  wilfully,  to  remain,  or  stop  on  such 
bridge,  or  in,  or  upon  the  approaches  to  the  same;  any  person 
offending  against  the  provisions  of  this  section  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  exceeding  twenty-five 
dollars,  for  each  offense. 

1196.  Law  of  the  Road — To  the  Right.]  § 5.  It  shall 
be  the  duty  of  all  drivers,  or  persons  in  charge  of  any  wagon, 
carriage  or  vehicle  of  any  kind,  to  keep  to  the  right,  when 
crossing  such  bridge,  from  either  side. 

1197.  Obstruction  of  Passage — Penalty.]  § 6.  No 

person  shall  gather  in  assemblies,  or  crowds,  upon  such  bridge, 
or  upon  the  approaches  leading  to  the  same,  so  as  to  obstruct 
in  any  manner  the  passage  of  foot  passengers,  teams,  car- 
riages, or  persons  crossing  the  same,  or  be  and  remain  upon 
such  bridge  at  any  place  longer  than  will  be  necessary  to  pass 
over  the  same. 

1198.  Processions — Break  Step — Penalty.]  § 7.  No 

band  of  musicians  shall  play,  or  beat  time,  or  keep  step  with 
each  other,  while  they,  or  any  procession,  or  body  of  persons 
marching  with  them,  or  any  portion  thereof,  are  upon  or  cross- 
ing such  bridge;  and  any  person  violating  this*  or  the  two 
foregoing  sections  shall  be  liable  to  a penalty  of  not  exceeding 
twenty-five  dollars,  and  also  for  all  damages  that  shall  result 
to  said  bridge,  or  any  individual,  or  property  of  any  person, 
by  reason  of  such  violation,  to  be  recovered  before  any  court 
having  competent  jurisdiction  thereof. 


Bridges. 


5oi 

1199.  Vessel  Signals.]  § 8.  The  commissioner  of  pub- 
lic works  of  the  city  of  Peoria,  is  hereby  required  to  provide, 
and  have  maintained,  and  placed  upon  such  bridge,  in  the  best 
and  most  practical  manner,  vessel  signals,  as  required  by  the 
following  section  of  this  ordinance. 

1200.  Signals  Prescribed.]  § 9.  Said  signals  shall  be 
of  some  durable  material,  of  a red  color  for  use  in  the  daytime, 
and  a red  lantern  shall  be  used  as  a night  signal.  Said  signals 
shall  be  of  such  size,  and  so  placed,  when  elevated,  that  they 
may  be  readily  seen  up  or  down  the  river,  by  those  in  charge 
of  boats,  or  vessels  approaching  the  bridge  from  either 
direction. 

1201.  Duty  as  to  Vessels — When  Signal  Displayed.] 

§ 10.  It  shall  be  unlawful  for  the  owner,  officer  or  officers, 
or  other  person,  or  persons,  in  charge  of  any  boat  or  vessels 
navigating  the  Illinois  river,  or  any  part  thereof,  to  attempt  to 
pass  such  bridge  over  said  river,  while  said  signals  or  either 
of  them,  are  up  and  elevated,  or  to  approach  so  near  such 
bridge  that  the  same  may  be  injured,  or  damaged,  or  while 
the  draw  of  said  bridge  may  be  opening  or  closing. 

1202.  Violation — Penalty.]  § n.  Any  person  who 
shall  violate  any  of  the  provisions  of  the  foregoing  section,  in 
addition  to  being  chargeable  with  whatever  damage  may  re- 
sult to  the  city  by  reason  of  such  violation,  shall,  upon  convic- 
tion thereof,  forfeit  and  pay  a fine  of  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars,  for  each  and  everv  offense. 

1203.  Driving  on  Bridge  or  Draw  After  Notice  of 
Opening — Penalty.]  § 12.  Any  person  or  persons  who 
shall  drive,  or  attempt  to  drive,  any  carriage,  wagon,  or  other 
vehicle  whatsoever,  or  shall  attempt  to  lead,  ride  or  drive  any 
horse,  or  other  animal,  on  the  draw,  or  any  foot  passenger  be- 
ing on  said  bridge,  who  shall  attempt  to  go  on  the  draw  of 
such  bridge,  while  the  same  is  opening  or  shutting,  or  after 
the  signal  is  given  for  the  opening  of  the  same,  and  before  the 


502 


Ordinances. 


opening  is  begun,  or  who  shall  disobey  or  resist  the  superin- 
tendent, or  person  in  charge  of  such  bridge,  in  his  effort  to 
enforce  any  of  the  provisions  of  this  ordinance,  or  in  his  efforts 
to  keep  and  promote  order,  and  equal  convenience,  among 
those  crossing  such  bridge,  shall,  on  conviction  thereof,  for 
each  and  every  offense,  forfeit  and  pay  a fine  of  not  less  than 
five  dollars,  nor  more  than  twenty-five  dollars,  in  the  discretion 
of  the  magistrate  convicting. 

1204.  Appointment  of  Bridge  Tenders.]  § 13.  It 

shall  be  the  duty  of  the  commissioner  of  public  works  of  said 
city,  to  select  and  appoint  three  skillful,  discreet  and  cautious 
persons  to  be  placed  in  charge  of  said  bridge,  who  shall  super- 
vision and  the  proper  care,  management  and  control  of  the 
same,  under  the  direction  of  said  commissioner,  and  the  said 
commissioner  shall  prescribe  rules  and  regulations  in  respect 
to  all  matters  connected  with  the  use  and  management  of  said 
bridge  not  herein  provided  for. 

1205.  Opening  and  Closing  Bridge  and  Compensation 
of  Tender.]  § 14.  That  said  bridge  shall  be  kept  open, 
and  free  to  the  use  of  the  public,  at  all  hours,  and  that  the 
persons,  so  placed  in  charge  of  the  same,  shall  receive,  as 
compensation  therefor,  such  sum  as  may  be  provided,  in  the 
annual  appropriation  ordinance  of  the  city,  to  be  paid  upon 
the  order  of  the  city  council. 

1206.  Tenders  to  See  That  Regulations  Are  En- 
forced.] § 15.  It  shall  be  the  duty  of  the  persons  so  in 
charge  of  said  bridge,  to  see  that  all  the  provisions  of  this  or- 
dinance are  fully  observed,  and,  when  necessary  to  the  en- 
forcement of  the  same,  shall  call  upon  the  superintendent  of 
police  for  assistance. 


Builders  and  Contractors. 


503 


ARTICLE  9. 


BUILDERS  AND  CONTRACTORS. 


Section. 

1207.  License— Penalty. 

1208.  Application  for  License. 


Section. 

1209.  Agreement. 

1210.  Penalties. 


1207.  License — Penalty.]  § 1.  No  person  shall  carry 
on  the  business  of  a builder  or  contractor  for  the  erection  of 
buildings,  repairing  of  buildings,  roofer  or  cornice  maker,  or 
the  setting  up  of  heating  and  ventilating  appliances  in  houses, 
within  said  city  without  first  having  obtained  a license  there- 
for, under  a penalty  of  not  less  than  twenty  dollars,  nor  more 
than  two  hundred  dollars,  for  each  offense. 

1208.  Application  for  License.]  § 2.  Application  for 
a license  shall  be  made  in  writing,  to  the  mayor;  it  shall  state 
the  full  name  of  the  applicant,  the  firm  name  under  which  the 
business  is  to  be  carried  on,  with  the  name  of' each  member  of 
any  firm,  the  place  of  residence  of  each,  and  the  existing  or 
proposed  place  of  business. 

1209.  Agreement.]  § 3.  Before  any  license  shall  be 
granted  to  any  person  to  carry  on  any  of  the  classes  of  busi- 
ness mentioned  in  Section  one  of  this  article,  the  person  apply- 
ing therefor,  shall  pay  the  city  clerk  a license  fee  of  ten  dollars 
per  annum,  and  shall  execute  and  file  with  the  superintendent 
of  buildings  an  agreement,  whereby  in  consideration  of  the 
granting  to  him  of  such  license  he  agrees  to  comply  with  all 
the  ordinances  of  said  city  in  the  execution  and  protection  of 
the  work  he  is  to  do  in  pursuance  of  such  license,  or  in  de- 
fault thereof,  will  submit  to  such  penalties  as  are,  or  may  be 
prescribed  by  the  city  council. 

1210.  Penalties.]  § 4.  Any  person  licensed  under  this 
article,  who  shall  be  guilty  of  any  violation  of  any  of  the  pro- 
visions of  this  article,  or  any  of  the  ordinances  of  the  city,  re- 


504 


Ordinances. 


lating  to  the  conduct  of  the  business  for  which  he  is  so 
licensed,  shall  forfeit  his  license,  and  shall  be  subject  to  a pen- 
alty of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars. 

ARTICLE  io. 

BUILDINGS. 


Section. 

-i2ii.  Building  to  Accord  with  Ordinances— 
Penalty. 

1212.  Building  not  in  Accordance  with 

Ordinances— Nuisance — Penalty. 

1213.  No  Erection,  Alteration  or  Repairs 

without  Permit — Penalty. 

1214.  Ordinary  Repairs  Excepted. 

1215.  Dangerous  Building— Nuisance. 

1216.  Dangerous  Building— Proceedings— 

Abatement, 

12x7.  Hearing— Decision— Order. 

1218.  Failure  to  Comply  with  Order — Pen- 

alty. 

1219.  Cost  of  Repairs  or  Removal— Owner 

to  Pay. 

1220.  Dangerous  Condition— Emergency. 

1221.  Buildings  Moved  or  Raised  only  by 

Licensed  House-movers. 

1222.  No  Removal  without  Permit. 

1223.  When  Frame  Building  not  to  be  Re- 

moved. 

1224.  Permits  for  Removal,  Etc.— How 

Granted. 

1225.  Permits — What  to  Specify — Violation 

of— Penalty. 

1226.  Permits  for  Erection,  Etc. — Of  Build- 

ing— Application — Issuance, 

1227.  Form  of  Statement  Prescribed  by 

Board — Blanks. 

1228.  Kind  of  Buildings  Allowed  in  Fire 

Limits. 

1229.  Wooden  Buildings  may  be  Repaired. 

1230.  Moving  Wooden  Buildings. 

1231.  Roofs  of  Frame  Buildings  Damaged 

by  Fire,  Etc. 

1232.  Frame  Buildings  may  have  flat  roofs. 

1233.  Coal  Sheds  and  Privies  in  Fire  Limits. 

1234.  Calculation  of  Strength  of  Materials. 

1235.  Sale  of  Imperfect  Material — Penalty — 

Superintendent  may  Cause  Such 
Removed. 

1236.  No  Building  to  be  Altered  until  Ap- 

proved. 

1237.  When  Building  not  to  be  Repaired. 

1238.  Arbitration  for  Damaged  Buildings. 

1239.  Proceedings  by  Arbitrators. 


Section. 

1240.  Owners  to  Ask  for  Arbitration. 

1241.  Elevator  for  Grain  and  Ice  Houses. 

1242.  Construction  of  Buildings. 

1243.  Depth  of  Foundations. 

1244.  Piling. 

1245.  Foundations. 

1246.  Construction  of  Masonry  Walls. 

1247.  Thickness  of  Walls. 

1248.  Height  of  Stories. 

1249.  When  Walls  are  to  be  Increased. 

1250.  Walls  for  Trussed  Roofs. 

12^1.  Buttresses. 

1252.  Cut  Stone  and  Ashlers. 

1253.  Party  Walls. 

1254.  Openings  in  Party  and  Division  Walls. 

1255.  Piers  under  Lintels,  Girders,  Plates 

and  Columns. 

1256.  Piers  and  Buttresses  to  be  Bonded. 

1257.  Columns. 

1258.  Domes  and  Mansard  Roofs. 

1259.  Slate  Covering. 

1260.  Thickness  of  Walls  for  Dwellings. 

1261.  When  not  to  Exceed  Eighty  Feet  in 

Height. 

1262.  Fire  Proof  Buildings. 

1263.  Fire  Walls  in  Dwellings,  etc. 

1264.  Fire  Walls  in  Business  Buildings. 

1265.  Rear  Wall  with  Fire  Limits. 

1266.  Chimneys  and  Flues. 

1267.  Large  Chimneys  to  be  Disconnected 

from  Buildings — Height  of. 

1268.  Walls  to  be  Anchored  to  Joist,  Etc. 

1269.  Hollow  Walls. 

1270.  Backing  for  Iron  Fronts. 

1271.  Composition  Roofs  within  Fire 

Limits. 

1272.  Skylights,  to  be  Protected. 

1273.  Water  Leaders — Metalic. 

1274.  Cornices,  Etc. — Construction  of. 

1275.  Scuttle  to  Reach  Roof. 

1276.  What  Buildings  to  have  Stand-pipes 

1277.  Floors  Deadened,  When. 


Buildings. 


505 


Section. 

1278.  Signs. 

1279.  Headers,  Joists  and  Floor  Beams. 

1280.  Fire  Places  and  Hearths. 

1281.  Joists  and  Beams. 

1282.  Support  of  Girders. 

1283.  Hoistways. 

1284.  Construction  of  Elevator  Shafts. 

1285.  Elevator  Shafts— Doors  to,  Etc. 

1286.  Fire  Escapes — When  Required. 

1287.  Wall,  Etc.,  not  to  Project  Beyond 

Building  Line. 

1288.  Iron  Shutters. 

1289.  Porticos  and  Oriel  Windows. 

1290.  Smoke  Houses— Construction  of. 

1291.  Buildings  for  Storing  Petroleuni. 

1292.  Theatres,  Etc. — Means  of  Egress. 

1293.  Means  of  Egress  in  Other  Buildings. 

1294.  Heating  Apparatus — Arrangement  of. 

1295.  Boiler  Houses  and  Rooms. 

1296.  Floors  in  Boiler  Rooms. 

1297.  Steam  Pipes — Protection  of. 

1298.  Pipes  let  into  Joists,  Etc. — Protection 

of. 

1299.  Walls  to  be  Braced  During  Erection. 

1300.  Term  “Business  Building”  Defined. 

1301.  Terms  Defined. 

1302.  Basement  Defined. 

1303.  Height  of  Buildings. 

1304.  Chimney  not  to  Rest  on  Woodwork. 

1305.  Posts  and  Guy  Ropes. 

1306.  Structures  under  Sidewalks — Permits 

for. 

1307.  Using  Street— Permit  for. 

1308.  Public  Hall  Defined. 

1309.  Permit  to  Erect. 

1310.  Stairways  in. 

1311.  Exit,  Etc.,  from. 

1312.  Height  of  Above  Grade. 

1313.  Floors  in  to  be  Fire  Proof. 


Section. 

1314.  Partitions  in  Theatres- Construction 

of. 

1315.  What  Preceding  Sections  Apply  to, 

1316.  Openings  in  Halls,  Etc.— Heretofore 

Built. 

1317.  Ventilator  Over  Stage. 

1318.  Water  Stand  Pipes  on  Stage. 

1319.  Hose  Attached  to  Stand  Pipe. 

1320.  Other  Stand  Pipes  Required. 

1321.  Fire  Alarm  Box  in. 

1322.  Fire  Extinguishing  Apparatus  Re- 

quired. 

1323.  Shall  Employ  Firemen. 

1324.  Recess  Chase  or  Flue. 

1325.  Side  Walls  not  to  be  Built  in  Advance 

of  Rear  Wall. 

1326.  Buildings  to  have  Divison  Walls. 

1357.  Furnaces  Etc. — Permits. 

1328.  Construction  of  Floors. 

1329.  Board  Partitions— Size — Not  used  as 

Supports,  when. 

1330.  Unsafe  Flues,  Chimneys  and  Heating 

Apparatus. 

1331.  Distance  from  Line  of  Lot. 

1332.  Distance  Between  Frame  Houses. 

1333*  Division  Walls  in  Blocks  of  two  or 
more. 

1334.  Distance  Between  Other  Frame 
Buildings. 

1335*  Height  Limited. 

1336.  Sills,  how  Laid— Foundations. 

1337.  Sills — Fire  Stops— Partitions. 

1338.  Permits  Required  as  toWooden  Build- 

ings. 

1339.  Stone  not  to  be  Dressed  on  Street. 

1340.  Plans  not  to  be  Changed  after  Permit. 

1341.  Plans  for  Drainage  and  Plumbing, 

Filed  with  Board  of  Health. 

1342.  Penalty. 

1343.  Fire  Limits. 


1211.  Building  to  Accord  With  Ordinances — Penalty.] 

§ 1.  No  building  or  structure  of  any  kind  or  description  shall 
be  erected,  constructed,  altered  or  repaired,  within  the  limits 
of  said  city,  except  in  the  manner  prescribed  by  the  ordinances 
of  said  city;  and  whoever  shall  violate  this  section  shall  be 
subject  to  a fine  of  not  less  than  twenty-five  dollars,  nor  more 
than  two  hundred  dollars  for  each  offense. 

121  -.  Building  Not  in  Accordance  with  Ordinances — 
Nuisance — Penalty.]  § 2.  Any  building  or  structure 


S°6 


Ordinances. 


erected,  constructed,  altered  or  repaired,  within  said  city,  in 
any  such  manner  as  not  to  comply  with  the  ordinances  of  said 
city,  is  hereby  declared  a nuisance;  and  the  person,  persons  or 
corporation  so  erecting,  constructing,  altering  or  repairing  any 
building  or  structure,  shall  be  subject  to  a penalty  of  not  less 
than  twenty-five  dollars,  nor  more  than  two  hundred  dollars 
for  each  offense,  and  shall  be  liable  to  a like  penalty  for  each 
day  any  such  building  or  structure  shall  be  permitted  to  con- 
tinue in  such  condition,  after  a conviction  of  such  violation. 

1213.  No  Erection,  Alteration  or  Repairs  Without 
Permit — Penalty,]  § 3.  No  building  or  structure,  and  no 
elevator  therein  or  plumbing  or  drains  therein  or  connected 
therewith,  shall  be  erected,  constructed,  altered  or  repaired, 
within  said  city,  without  a permit  therefor  from  the  superin- 
tendent of  buildings,  and  any  person  guilty  of  a violation  of 
this  section  shall,  upon  conviction,  be  fined  not  less  than  ten 
dollars,  nor  more  than  two  hundred  dollars,  for  each  offense. 

1214.  Ordinary  Repairs — Excepted.]  § 4.  All  ordi- 
nary repairs  not  affecting  the  construction  of  the  external  or 
party  walls,  roof,  chimneys,  stairways  or  height  of  a building, 
nor  changing  the  heating  appliances,  plumbing  or  drains,  may 
be  made  without  a permit. 

1215.  Dangerous  Buildings — Nuisance.]  § 5.  Any 

building,  wall  or  structure,  which  is  unsafe  or  dangerous  to 
occupants  or  passers  by,  or  to  adjoining  buildings,  or  which  is 
unsafe  or  dangerous  for  the  purpose  for  which  it  is  used,  or 
is  in  danger  of  being  set  on  fire  from  any  defect  in  its  con- 
struction, or  is  specially  dangerous  in  case  of  fire,  by  reason 
of  the  bad  condition  of  walls,  or  lack  of  sufficient  stairways 
and  means  of  egress  in  case  of  fire,  or  from  over-loaded  floors, 
defective  construction  or  other  cause,  is  hereby  declared  to  be 
a nuisance. 

1216.  Dangerous  Building — Proceedings — Abatement.] 

§ 6.  Whenever  it  shall  come  to  the  knowledge  of  the  super- 


Buildings. 


507 


intendent  of  buildings,  or  complaint  shall  be  made  by  two 
citizens,  that  any  building,  wall  or  structure,  within  said  city, 
is  in  the  condition,  or  of  the  character  described  in  the  pre- 
ceding section,  said  superintendent  shall  forthwith  fix  a time 
and  place,  when  and  where  the  board  for  the  inspection  of 
buildings  shall  sit  to  hear  and  decide  whether  any  such  build- 
ing is  in  such  dangerous  condition,  and  shall  cause  a notice  of 
such  meeting,  stating  the  time,  place  and  purpose  thereof,  to 
be  served  upon  the  owner,  owners  or  occupants  thereof,  if  he 
or  they  reside  within  the  city,  and  if  the  owner,  owners, 
agent  or  occupants  of  such  building  cannot  be  found  within 
said  city,  then  such  notice  shall  be  published  for  three  con- 
secutive days  in  the  official  paper  of  said  city.  Such  notice 
shall  be  served  or  such  publication  completed  at  least  two 
days  before  the  time  fixed  for  holding  such  meeting. 

1217-  Hearing — Decision — Order.]  § 7.  At  such  meet- 
ing, said  board  shall  proceed  to  hear  all  the  evidence  offered 
by  any  one  interested  in  the  matter,  and  also  personally  in- 
spect the  premises,  and  shall  thereupon  decide  whether  or  not 
such  building  is  in  any  such  dangerous  condition,  and  such 
decision  shall  be  entered  at  length  upon  the  records  of  the 
proceedings  of  said  board,  and  shall  describe  wherein  the 
danger  exists,  and  said  board  shall  also  enter  upon  their  records 
an  order,  directing  the  owner  or  owners,  agent  or  occupant, 
within  a reasonable  time,  to  be  fixed  by  said  board,  and  speci- 
fied in  such  order,  to  make  the  same  safe,  in  such  way  as  may 
be  directed  by  said  board  and  specified  in  such  order,  or  to 
tear  down  and  remove  the  same,  if  a removal  thereof  is  deemed 
necessary  by  said  board. 

1218.  Failure  to  Comply  With  Order  — Penalty.] 

§ 8.  Whenever  any  owner,  or  owners,  agent,  lessee  or  occu- 
pant, shall  neglect,  or  refuse  to  comply  with  any  order  made, 
under  the  provisions  of  the  preceding  section,  within  the  time 
specified  in  such  order,  he  shall  be  subject  to  a fine  of  not  less 


Ordinances. 


5°8 

than  ten  dollars,  nor  more  than  one  hundred  dollars  for  each 
and  every  day  such  violation  of  any  such  order  shall  c >ntinue 
after  the  expiration  of  the  time,  specified  in  such  order;  and 
the  superintendent  shall,  upon  the  direction  of  the  board,  for 
the  inspection  of  buildings,  proceed  to  tear  down,  and  remove 
said  unsafe  or  dangerous  structure,  or  to  make  the  same  safe, 
as  may  be  directed  by  said  board. 

1219.  Cost  of  Repairs  or  Removal — Owner  to  Pay.J 

§ 9.  An  itemized  account  of  the  expense  of  tearing  down  and 
removing  such  structure,  or  of  putting  the  same  into  a safe 
condition,  shall  be  kept  by  the  superintendent  of  buildings,  and 
shall  be  presented  to  the  owner  of  such  structure  for  payment; 
in  case  the  owner  shall  fail  or  refuse  to  pay  the  same  on  de- 
mand, then  the  same  may  be  recovered  from  such  owner  in 
an  action  of  debt  in  the  name  of  the  city. 

1220.  Dangerous  Condition — Emergency.  | § 10.  In 

all  cases  where  the  public  safety  requires  immediate  action, 
the  superintendent  may  enter  upon  the  premises,  without  the 
preliminary  direction  of  the  board,  with  such  assistance  as  may 
be  necessary,  and  cause  said  structure  to  be  secured,  or  taken 
down  without  delay. 

1221.  Buildings  Moved,  or  Raised  Only  by  Licensed 
House-Movers.]  § 11.  No  person,  except  a licensed  house- 
mover,  shall  move  or  raise  any  building  in  the  city  of  Peoria. 

1222.  No  Removal  Without  Permit.]  § 12.  No  person 
shall  remove  any  building,  or  structure  from  one  place  to  an- 
other, or  raise  any  building,  in  said  city,  without  having  first 
obtained  from  the  superintendent  of  buildings  a permit  there- 
for. 

1223.  When  Frame  Building  Not  to  be  Removed.] 

§ 13.  No  frame  building  in  the  city  of  Peoria,  shall  be  re- 
moved unless  such  building  is  worth  50  per  cent,  of  the  cost 
of  a similar  new  building;  and  the  board  for  the  inspection  of 
buildings  shall  determine  as  to  the  value  of  any  such  building, 


Buildings. 


509 


and  their  decision  shall  be  final.  Provided , that  this  section 
shall  not  apply  to  any  persons  removing  a building  upon  his 
own  premises,  and  not  going  upon  the  premises  of  any  other 
person,  or  upon  any  street,  alley  or  other  public  place  in  mak- 
ing such  removal. 

1224.  Permits  for  Removal,  Etc. — How  Granted.]  §14. 
Before  any  permit  for  the  removal  or  raising  of  any  building 
shall  be  granted,  the  licensed  house-mover  who  proposes  to 
do  the  work,  shall  make  application,  in  writing,  upon  blanks 
to  be  furnished  by  the  superintendent  of  buildings,  to  the  sup- 
erintendent of  buildings,  stating  the  building  proposed  to  be 
removed  or  raised,  and  where  located,  the  place  to  which  it  is 
proposed  to  remove  said  building,  or  how  much  the  same  is 
to  be  raised,  the  route  to  be  taken,  and  the  time  probably  re- 
quired for  such  removal,  and  he  shall  at  the  time  of  making 
such  application,  pay  a fee  of  two  dollars;  and  if  upon  the 
consideration  of  such  statement,  and  a personal  inspection  of 
the  building,  the  route,  and  place  to  which  it  is  proposed  to 
move  the  same,  it  shall  appear  to  said  superintendent,  that 
such  removal,  or  raising  of  such  building  is  in  accordance  with 
the  ordinances  of  the  city,  and  all  regulations  thereof  relating 
to  the  erection,  construction,  alteration  and  repair  of  buildings, 
then  said  superintendent  shall  grant  a permit  for  such  removal 
or  raising,  otherwise  such  application  shall  be  submitted  to  the 
board  for  the  inspection  of  buildings,  for  final  action  thereon, 
and  said  superintendent,  or  said  board,  upon  granting  any  such 
permit,  shall  prescribe  such  conditions,  as  to  the  manner  in 
which  the  same  shall  be  done,  as  may  be  deemed  necessary  to 
to  the  public  interest,  and  not  inconsistent  with  these  ordi- 
nances. 

1225.  Permits — What  to  Specify — Violation  of — Pen- 
alty.] § 15.  Every  permit,  for  the  removal  or  raising  of  any 
building  shall  prescribe,  specifically,  the  conditions  upon  which 
such  permit  is  granted,  prescribing  the  route  to  be  taken,  and 


Ordinances. 


5 ro 

limiting  the  time  for  the  removal;  and  any  person  who  shall 
fail,  neglect,  or  refuse  to  comply  with  the  conditions  and  pro- 
visions of  any  such  permit,  shall,  upon  conviction,  be  fined  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars  for 
each  offense,  and  for  every  day  any  building  shall  remain  upon 
any  street,  alley  or  public  place,  after  the  expiration  of  the 
time  specified  in  any  permit  for  the  removal  of  the  same  shall 
subject  the  offender  to  a penalty  of  not  exceeding  twenty-five 
dollars. 

1226.  Permit  for  Erection,  Etc.,  of  Building— Applica- 
tion— Issuance.]  § 1 6.  Before  the  erection,  construction, 
alteration  or  repair  of  any  building  or  structure,  or  any  eleva- 
tor, hoistway,  plumbing,  drain  or  heating  appliances,  in  or 
connected  with  any  building  or  structure,  in  the  city  of  Peoria, 
the  owner,  architect  or  builder,  shall  submit  to  the  superinten- 
dent of  buildings,  at  his  office,  full  specifications  and  plans  of 
the  proposed  construction,  alteration  or  repairs,  and  file  a 
detailed  statement  thereof  in  writing;  such  statement  shall 
give: 

First.  The  location  of  the  proposed  work. 

Second.  General  dimensions,  number  and  height  of  stories. 

Third.  Dimensions  of  joists  and  timbers  and  distance 
apart. 

Fourth.  Dimensions  of  supporting  iron  work. 

Fifth.  For  what  purpose  the  building  is  designed  to  be 
used. 

Sixth.  The  estimated  costs  thereof. 

The  owner,  his  agent  or  archithct,  shall  then  sign  an  agree- 
ment that  he  will  construct  the  work  in  accordance  with  the 
description  as  set  forth  in  the  specifications,  plans  or  detailed 
statement,  and  in  all  matters  and  things  connected  with  such 
construction  or  alteration  of  any  building,  shall  be  done  in 
strict  compliance  with  the  ordinances  of  said  city,  and  the  di- 
rection of  said  superintendent.  If,  upon  consideration  of  such 


Buildings. 


5ii 

specifications,  plans,  statement  and  agreement,  it  shall  appear 
to  said  superintendent  that  the  manner  of  erection,  character 
of  construction  and  kind  of  material,  are  in  accordance  with 
the  ordinances  of  said  city,  the  said  superintendent  shall 
thereupon  grant  a permit  to  make  such  construction  or  altera- 
tion, and  it  shall  not  be  lawful  to  proceed  to  construct,  alter 
or  repair  any  building  within  the  corporate  limits  of  said  city, 
without  first  obtaining  said  permit.  The  fees  prescribed  by 
ordinance  shall  be  paid  at  the  time  of  making  the  application 
for  a permit,  but  the  amount  of  the  fees  shall  be  fixed  by  the 
superintendent  after  examination  of  the  application,  and  the 
fees  so  fixed  by  him  shall  be  paid  before  any  permit  shall 
issue. 

1227.  Form  of  Statement  Prescribed  by  Board — 
Blanks.  J § 17.  The  form  of  the  application  and  detailed  state- 
ment, and  agreement  required  by  the  preceding  section,  shall 
be  prescribed  by  the  board  for  the  inspection  of  buildings,  and 
may  be  obtained  at  the  office  of  the  superintendent. 

1228.  Kind  of  Buildings  Allowed  in  Fire  Limits.]  § 18. 

Every  building  hereafter  erected  within  the  fire  limits  of  the 
city  shall  be  of  brick,  stone,  iron  or  other  substantial  and  in- 
combustible material,  and  only  the  following  wooden  buildings 
shall  be  allowed,  viz:  temporary  sheds  to  facilitate  the  build- 
ing of  authorized  buildings,  and  elevators  for  the  storage  of 
grain,  and  ice  houses,  and  the  materials  in  all  buildings,  the 
mode  of  construction,  and  the  location  shall  be  approved  by 
the  superintendent  of  buildings. 

1229.  Wooden  Building  May  be  Repaired.]  § 19. 

Any  wooden  building  within  said  fire  limits  may  be  altered  or 
repaired  in  any  manner  approved  by  the  superintendent,  pro- 
vided neither  its  area  nor  its  height  is  increased. 

1230.  Moving  Wooden  Buildings.]  § 20.  No  wooden 
building  within  or  without  the  fire  limits  shall  be  moved  to  any 
lot  or  part  of  a lot  within  the  fire  limits. 


512 


Ordinances. 


1231.  Roofs  of  Frame  Buildings  Damaged  by  Fire, 

Etc  .]  § 21.  The  roof  of  any  frame  building  more  than  one 

story  high  that  is  damaged  by  fire  or  otherwise  less  than  50 
per  cent,  of  the  cost  of  a similar  new  roof  may  be  repaired. 
If  the  roof  is  damaged  more  than  one  half  such  value,  the  en- 
tire roof  shall  be  taken  off,  and  a new  roof  put  on,  having  a 
covering  of  incombustible  material. 

1232.  Frame  Buildings  May  Have  Flat  Roofs.]  § 22. 

Any  frame  building  within  the  fire  limits  having  a pitched 
roof,  covered  with  shingles  or  other  combustible  material, 
may  have  a flat  roof  of  incombustible  material  substituted  for 
the  pitched  roof,  and  the  walls  of  the  building  carried  up  to 
meet  the  requirements  of  such  change  in  the  pitch  of  the  roof; 
Provided , always,  that  the  highest  point  of  such  flat  roof  shall 
not  exceed  the  highest  point  of  the  roof  to  be  removed. 

1233.  Coal  Sheds  and  Privies  in  Fire  Limits.]  § 23. 

Coal  sheds  may  be  erected  in  the  fire  limits  not  exceeding  ten 
feet  in  heighth  at  the  highest  point  thereof,  and  not  exceeding 
one  hundred  feet  in  area,  and  privies,  when  not  in  violation  of 
any  other  ordinance  of  the  city  may  be  constructed  of  wood, 
not  exceeding  thirty-six  feet  area  or  ten  feet  high  at  the  high- 
est point;  such  sheds  and  privies  shall  be  separate  structures, 

1234.  Calculation  for  Strength  of  Materials.]  § 24. 

In  all  calculations  for  the  strength  of  materials  to  be  used  in 
any  building,  the  proportion  between  the  safe  weight,  and  the 
breaking  weight  shall  be  as  one  to  three  for  all  beams,  girders 
and  other  pieces  subjected  to  a cross  strain,  and  as  one  to  six, 
for  all  joists,  columns  and  other  vertical  supports,  and  for  all 
tie  rods,  tie  beams,  and  other  pieces  subjected  to  a tensile 
strain. 

1235.  Sale  of  Imperfect  Material — Penalty — Superin- 
tendent May  Cause  Such  Removed.]  § 25.  It  shall  be  un- 
lawful for  any  person,  persons,  firm  or  corporation,  to  dispose 
of  or  deliver  at  any  place  within  the  ciiy  of  Peoria,  to  be  used 


Buildings.  * 


513 


in  any  building  of  structure,  any  soft,  shelly,  or  imperfectly 
burned  or  refuse  brick,  or  any  other  unsuitable  material;  and 
whoever  shall  violate  the  provisions  of  this  section  shall,  upon 
conviction,  be  fined  not  more  than  two  hundred  dollars  for 
each  offense.  The  superintendent  of  buildings  shall  have  the 
power  to  order  the  removal  of  any  soft,  shelly,  or  imperfectly 
burned  or  refuse  brick  or  other  unsuitable  materials,  found 
adjoining,  or  upon  any  premises  within  said  city,  where  build- 
ings, repairs,  alterations  or  additions  are  in  progress,  and  it 
shall  be  the  duty  of  the  owner,  architect  or  builder,  upon  be- 
ing notified  by  the  superintendent  of  buildings,  to  immediately 
cause  the  same  to  be  removed,  under  a penalty  of  not  less  than 
ten  dollars,  nor  more  than  two  hundred  dollars  for  every  such 
offense. 

1236-  No  Buildings  to  be  Altered  until  Approved.] 

§ 26.  No  building  now,  or  hereafter  erected  shall  be  altered 
until  it  has  been  examined  and  approved  by  the  superinten- 
dent as  being  in  a good  and  safe  condition  to  be  altered  as 
proposed,  and  the  alteration  so  made,  shall  conform  to  the 
provisions  of  the  ordinances  of  the  city. 

1237.  When  Building  Not  to  be  Repaired.]  § 27.  It 

shall  be  unlawful  to  repair  any  frame  building  within  the 
limits  of  the  city  of  Peoria,  when  such  building  shall  have 
been  damaged  by  fire  or  decay  to  the  extent  of  fifty  per  cent, 
of  the  cost  of  such  building. 

1238.  Arbitration  for  Damaged  Buildings.]  § 28. 

Whenever  any  frame  building,  shall  have  been  damaged  by 
fire  or  other  casualty,  or  decay,  to  an  extent  which  in  the 
judgment  of  the  superintendent  of  buildings  exceeds  fifty  per 
cent,  of  the  cost  of  such  building,  if  the  owner,  or  owners  of 
such  building,  objects  to  such  conclusion  arrived  at  by  said 
superintendent,  he  or  they,  may  file  with  said  superintendent  a 
petition  asking  for  arbitrators  to  determine  the  question  of 
damage,  or  if  the  superintendent  should  conclude  that  the 
34 


Ordinances. 


<5*4 

damage  is  less  than  fifty  per  cent.  then,  and  in  that  case,  the 
owner,  or  owners  of  adjacent  property  may  claim  an  arbitra- 
tion to  ascertain  the  damage  to  such  building.  In  either  case 
the  party  asking  for  arbitration  shall  pay  fifty  dollars  to  the 
superintendent  on  filing  his  petition,  which  shall  be  in  full  of 
all  costs  of  such  arbitration.  The  arbitrators  shall  consist  of 
three  disinterested  persons,  one  to  be  chosen  by  the  superin- 
tendent, and  one  by  the  owner,  and  the  two  thus  chosen  shall 
select  a third,  and  a decision  of  a majority  of  the  persons  so 
selected  shall  be  final  and  conclusive. 

1239.  Proceedings  by  Arbitrators.]  § 29.  Arbitrators 
selected  to  ascertain  such  extent  of  damages,  before  entering 
upon  their  work  shall  take  and  subscribe  an  oath  before  some 
officer  authorized  to  administer  oaths,  that  they  will  make  a 
thorough  examination  of  the  premises  damaged  as  aforesaid, 
and  make  a just  and  true  report  to  be  signed  in  duplicate,  the 
original  to  be  handed  to  the  superintendent  of  buildings,  and 
the  duplicate  given  to  the  owner  of  the  premises  in  question, 
and  a report  of  a majority  of  such  board  of  arbitrators  on  the 
question  of  such  damages,  shall  be  conclusive  of  such  question. 

1240.  Owner  to  Ask  for  Arbitration.]  § 30.  When- 
ever the  owner,  agent  or  agents,  shall  refuse  or  neglect  after 
five  days’  notice  in  writing,  to  petition  for  arbitration,  it  shall 
be  lawful  for  the  superintendent  to  declare  the  premises,  de- 
scribed in  such  notice,  as  having  been  damaged  to  the  extent 
of  fifty  per  cent,  of  its  value. 

1241.  Elevator  for  Grain  and  Ice  Houses.]  § 31.  Any 

elevator  building  or  ice  house  may  be  constructed  of  wood, 
the  external  walls  and  roof  being  protected  by  an  envelope  of 
incombustible  material.  The  walls  of  the  first  story  of  eleva- 
tors shall  be  of  masonry  not  less  than  twenty  inches  thick;  all 
window  frames,  and  sash  in  the  upper  structure  shall  be  of 
iron;  the  openings  shall  have  protection  of  wire  grating  No. 


Buildings. 


5i5 


14  guage,  with  meshes  not  over  one-half  inch.  The  openings 
in  the  body  of  the  building,  and  in  the  engine  house  shall  have 
suitable  iron  shutters. 

a242.  Construction  of  Buildings.]  § 32.  All  buildings 
hereafter  erected  within  said  city,  other  than  frame  or  wooden 
building,  shall  have  all  walls  constructed  of  stone,  brick,  iron 
or  other  hard,  incombustible  material,  properly  bonded,  and 
solidly  put  together  with  close  joints,  and  the  walls  of  all 
buildings  shall  be  built  to  a line  and  be  carried  up  plumb  and 
straight,  and  the  several  component  parts  of  such  building, 
shall  be  built  and  constructed  in  such  manner  as  herein 
provided. 

1243-  Depth  of  Foundation.]  § 33.  All  foundation 
walls  shall  not  be  less  than  four  feet  below'  the  surface  of  the 
earth,  where  exposed  to  frost,  on  good  solid  bottom,  and  in 
case  the  nature  of  the  earth  requires  it,  piles  should  be  driven, 
or  timbers  laid  of  sufficient  size  and  thickness  to  prevent  the 
walls  from  settling.  The  top  of  such  piles  or  timber  bottom, 
must  be  driven  or  laid  below  the  line  of  sewer  drainage.  All 
piers,  columns  and  posts  resting  on  the  earth,  shall  be  set  on 
a bottom,  in  the  same  manner  as  the  foundation  walls. 

1244.  Piling.]  § 34.  Piles  driven  for  a wall  to  rest 
upon,  shall  be  not  less  than  five  inches  in  diameter  at  the  small- 
est end,  and  shall  be  spaced  not  more  than  three  feet  on 
centers  in  the  direction  of  the  length  of  the  wall,  and  nearer 
if  required  by  the  superintendent;  they  shall  be  driven  to  a 
solid  bearing,  to  be  ascertained  by  boring,  at  the  expense  of 
the  owner  when  required  by  the  superintendent.  All  piles 
must  be  cut  off  below  sewer  drainage. 

1245.  Foundations.]  § 35.  Proper  foundations  of 
masonry  shall  be  prepared  for  the  support  of  all  buildings. 
The  breadth  of  the  foundation  of  the  several  parts  of  any 
building  shall  be  proportioned  so  that,  as  nearly  as  practicable, 
the  pressure  shall  be  equal  on  each  square  foot  of  the  founda- 


Ordinances. 


5i6 

tion.  Water,  lime,  cement  and  mortar  shall  be  used  in  the 
masonry  of  all  foundations  exposed  to  dampness.  As  soon  as 
the  walls  of  any  building  are  built  above  the  grade  of  the  street 
or  lot,  it  shall  be  the  duty  of  the  contractor,  or  owner  to  have 
the  space  on  the  outside  of  said  walls,  filled  up  in  a substan- 
tial manner,  and  if  said  building  is  erected  on  or  near  any  alley 
line,  and  the  alley  is  paved,  it  shall  also  be  the  duty  of  the  con- 
tractor or  owner  to  grout  said  space  and  replace  any  pavement 
inpaired  or  removed  in  a thorough  and  substantial  manner  as 
soon  as  said  walls  are  above  grade. 

1246.  Construction  of  Masonry  Walls.]  § 36.  The 
walls  of  all  buildings  shall,  below  the  surface  of  the  ground,  be 
built  of  stone  or  brick  laid  in  cement  mortar,  and  the  backing 
up  of  all  stone  ashler,  shall  also  be  laid  up  with  cement  mortar; 
all  other  walls  may  be  built  of  brick,  stone,  iron  or  other  hard 
incombustible  material;  and  when  brick  or  stone  are  used 
they  shall  be  laid  in  lime  or  cement  mortar.  The  bricks  used 
in  all  buildings  shall  be  hard,  well  burned  brick;  no  swelled, 
refused,  soft  or  salmon  brick  shall  be  used,  and  in  all  brick 
walls  every  sixth  course  shall  be  a heading  course,  except,  how- 
ever, where  walls  are  faced  with  brick  in  running  bond,  inwhich 
case  every  sixth  course  shall  be  bonded  into  the  backing  by 
cutting  the  course  of  face  brick  and  putting  diagonal  headers 
behind  the  same,  or  by  splitting  the  face  brick  in  half  and 
backing  the  same  with  a continuous^  course  of  headers.  All 
brick  laid  in  non-freezing  weather  shall  be  well  wet  immedi- 
ately before  being  laid.  The  sand  used  for  mortar  in  all 
buildings  shall  be  clean,  sharp  sand,  and  shall  not  be  finer  than 
the  standard  samples  kept  in  the  office  of  the  superintendent 
of  buildings,  which  samples  shall  be  approved  by  the  board 
for  the  inspection  of  buildings,  and  be  kept  in  suitable  glass 
jars,  for  guidance  of  the  officers  and  for  the  inspection  of  the 
public.  Cement  mortar  shall  be  made  of  sand  and  cement  in 
the  proportion  of  not  more  than  three  parts  of  sand  to  one 
part  of  cement,  and  shall  be  used  as  soon  as  mixed.  Lime 


> Buildings. 


517- 


mortar  shall  be  made  of  not  more  than  three  parts  of  sand  to 
one  part  of  lime,  and  shall  not  be  used  before  being  thorough- 
ly slacked.  Cement  and  lime  mortar  shall  be  made  of  one 
part  of  cement,  one  part  of  lime  and  five  parts  of  sand.  Con- 
crete foundations  shall  be  made  of  one  part  of  cement,  two 
parts  of  sand,  and  three  parts  of  small  broken  stone,  all  care- 
fully mixed.  No  inferior  lime  or  cement  shall  be  used.  The 
joints  of  all  walls  shall  be  filled  with  mortar,  and  the  joints  of 
all  flues  shall  be  struck  perfectly  smooth  on  the  inside. 

1247.  Thickness  of  Wall.]  § 37.  All  walls  for  busi- 
ness buildings  one  hundred  feet  or  more  in  length,  shall  be 
not  less  than  the  thickness  designated  in  the  following  table: 

( See  next  page  for  table.) 


Ordinances. 


518 


Inclosing  Walls. 

| Basement 

| 1st  Story 

| 2d  Story 

| 3rd  Story 

| 4th  Story 

u 

O 

m 

x 

10 

| 6th  Story 

u 

2 

X 

+-» 

c 

HH 

c 

HH 

c 

HH 

G 

HH 

c 

>«H 

G 

G 

HH 

c 

One  story  high  ------- 

12 

12 

Two  stories  high  ------- 

l6 

l6 

12 

Three  stories  high  ------- 

l6 

l6 

12 

12 

Four  stories  high  ------- 

20 

20 

l6 

l6 

12 

Five  stories  high  ------- 

24 

20 

20 

l6 

l6 

12 

Six  stories  high  ------- 

28 

24 

20 

20 

l6 

1 6 

12 

Seven  stories  high  ------- 

32 

28 

24 

24 

20 

16 

12 

12 

Division  or  Party  Walls  in  Business 

Buildings. 

For  3-story  buildings  - 

16 

12 

12 

12 

For  4-story  buildings  - 

20 

1 6 

16 

12 

12 

For  5-story  buildings  - 

24 

20 

20 

16 

l6 

12 

For  6-story  buildings  - 

24 

20 

20 

20 

l6 

l6 

12 

For  7-story  buildings  - 

24 

20 

20 

20 

20 

l6 

l6 

12 

Front  and  Rear  Walls,  if  Not 

Bearing  Walls,  in  Business 

Buildings. 

Of  4-story  buildings  ------ 

20 

l6 

16 

12 

12 

Of  5-story  buildings  ------ 

20 

20 

16 

12 

12 

12 

Of  6-story  buildings  ------ 

24 

20 

20 

16 

1 6 

12 

12 

Of  7-story  buildings 

24 

20 

20 

20 

l6 

l6 

12 

12 

Cross  Partition  Walls  in  Business 

Buildings. 

For  1 story  - --  --  --  -- 

12 

8 

For  2 stories 

1 6 

12 

12 

For  3 stories  - --  --  --  - 

16 

12 

12 

12 

For  4 stories  - --  --  --  - 

20 

16 

16 

12 

12 

For  5 stories  - --  --  --  - 

20 

20 

16 

16 

12 

12 

For  6 stories  - --  --  - --- 

24 

20 

20 

16 

l6 

12 

12 

For  7 stories  - --  --  --  - 

24 

20 

20 

20 

l6 

1 6 

12 

12 

Buildings. 


5i9 


In  four  story  buildings,  less  than  one  hundred  feet  deep  the 
third  and  fourth  story  walls  may  be  twelve  inches;  five 
story  building  less  than  one  hundred  feet  deep,  may  have  the 
walls  of  the  fifth  story  twelve  inches;  in  five  story  buildings 
any  front,  or  rear  wall  supporting  beams  or  girders  shall  be 
increased  eight  inches  by  two  feet  forming  buttresses  or 
pilasters  directly  under  such  beams  or  girders. 

1248-  Height  of  Stories.]  § 38.  The  height  of  stories 
for  all  given  thickness  of  walls  must  not  exceed  eleven  feet  in 
the  clear  for  basement,  eighteen  feet  in  the  clear  for  the  first 
story,  fifteen  feet  in  the  clear  for  the  second  story,  and  four- 
teen feet  in  the  clear  average  height  of  upper  stories.  If  any 
story  exceeds  these  heights,  respectively,  the  walls  of  such 
story  and  of  all  the  stories  below  the  same  shall  be  increased 
four  inches  in  thickness  additional  to  the  thickness  already  re- 
quired. 

1249.  When  Walls  Are  to  be  Increased.]  § 39.  When- 
ever it  is  sought  to  increase  the  height  of  any  building  beyond 
the  height  for  which  the  original  permit  was  granted,  the 
thickness  of  the  walls  thereof  shall  also  be  increased  in  accord- 
ance with  the  above  table,  but  no  additional  height  shall  be 
added  until  a permit  is  granted  for  the  same. 

1250.  Walls  for  Trussed  Roofs.]  § 40.  The  outside 
walls  of  rooms  having  trussed  roofs  or  ceilings,  such  as 
churches,  public  halls,  theaters,  dining  rooms,  or  the  like,  if 
more  than  fifteen  and  less  than  twenty-five  feet  high,  shall 
average  at  least  sixteen  inches;  if  over  forty-five  feet  high,  at 
least  twenty-four  inches  in  thickness.  An  increase  of  four 
inches  in  thickness  shall  be  made  in  all  cases  where  the  walls 
are  over  one  hundred  feet  long,  unless  there  are  cross  walls  of 
equal  height. 

1251.  Buttresses.]  § 41.  If  solid  buttresses  are  em- 
ployed, with  a sectional  area  of  three  hundred  or  more  square 


52° 


Ordinances. 


inches,  placed  less  than  eighteen  feet  apart,  and  extended  to, 
or  nearly  to  the  top  of  walls,  four  inches  may  be  deducted 
from  the  thickness  of  any  wall  having  such  buttresses. 

1252.  Cut  Stone  and  Ashlers.]  § 42.  Cut  stone  fac- 
ing of  walls  shall  be  backed  up  with  brick  work  of  the  same 
thickness  required  where  no  cut  stone  is  used;  in  cases  where 
the  cut  stone  is  in  a great  measure  self  supporting,  four  inches 
less  of  brick  backing  may  be  used;  ashler  fronts  properly 
bonded  to  the  brick  work  may  have  backing  the  same  as  self 
supporting  stone  fronts  or  wall. 

1253.  Party  Walls.]  § 43.  Any  party  wall  now  exist- 
ing, that  shall  have  been  built  conformably  to  the  require- 
ments of  the  ordinance  regulating  the  construction  of  such 
walls,  and  in  force  at  the  time  of  such  construction,  if  sound 
and  in  good  condition,  may  be  used  in  the  construction  of  an 
adjoining  building;  Provided , however , that  no  brick  work 
shall  be  placed  on  such  wall  to  give  additional  height  to  the 
wall  unless  the  thickness  of  such  additional  wall  and  the  thick- 
ness of  the  old  wall  in  each  story  shall  at  least  equal  the  thick- 
ness required  for  division  walls  of  same  height  for  business 
buildings  as  required  for  division  walls.  This  shall  apply  in 
all  cases  where  it  is  desired  to  add  additional  height  to  any 
business  building.  In  case  of  outside  walls  of  any  business 
building  being  built  against  the  walls  of  any  old  building  (not 
being  a party  wall)  the  new  wall  shall  be  of  the  same  thick- 
ness required  for  outside  walls  in  such  building. 

1254.  Openings  in  Party  and  Division  Walls.]  § 44. 

No  opening,  or  doorway  shall  be  cut  through  a party,  or  divi- 
sion wall  of  any  brick  building  without  a permit  from  the 
superintendent  of  buildings,  and  every  such  doorway  shall 
have  a top,  bottom  and  sides  of  stone,  brick  or  iron,  shall  be 
closeted  by  two  sets  of  wrought  iron  or  metal-covered  doors 
(separated  by  the  thickness  of  the  wall)  hung  to  rabbited  iron 
frames,  or  to  wooden  frames  entirely  covered  with  metal  or 


Buildings. 


52i 


of  iron  hinges  in  brick  or  stone  rabbits-  it  shall  not  exceed 
ten  feet  in  height,  by  eight  feet  in  width,  and  any  opening 
other  than  a doorway  shall  be  protected  satisfactorily  to  the 
superintendent. 

1255.  Piers  Under  Lintels,  Girders,  Plates  and  Col- 
umns.] § 45.  Brick  piers  under  lintels,  girders  or  columns 
of  brick  buildings  shall  have  a cap  iron  at  least  two  inches 
thick  the  full  size  of  the  pier.  Metal  columns  placed  on  top 
of  the  other  shall  have  a plate  at  the  top  of  each  column,  with 
projections  on  all  sides  to  fit  into  the  cap  and  base  of  columns 
to  prevent  slipping,  and  all  columns  shall  have  holes  bored 
when  directed  by  the  superintendent  of  buildings  into,  and 
thr  >ugh  the  shell  at  right  angles  to  the  shaft,  so  as  to  show 
the  thickness  of  the  shell,  if  required.  All  bearing  parts  of 
columns  and  plates  shall  be  planed,  or  turned  to  true  surface. 

1256.  Piers  and  Buttresses  to  be  Bonded.]  § 46.  Brick 
piers  and  buttresses  shall  be  bonded  with  through  courses, 
leveled  and  bedded  each  course,  and  where  their  foundations 
rest  on  piles  a sufficient  number  shall  be  driven  to  insure  a 
proper  support. 

1257.  Columns.]  § 47.  Every  metal  column  in  a brick 
building  shall  rest  on  an  iron  plate  of  not  less  thickness  than 
two  inches.  Wooden  columns  supporting  girders  and  floors 
in  such  buildings  shall  be  set  on  inch  and  a half  iron  plates 
with  sockets  or  counter  sinkages. 

1258.  Domes  and  Mansard  Roofs.]  § 48.  Domes  of 
any  business  building  shall  be  made  so  as  to  entirely  exclude 
wood  in  their  construction.  All  mansard,  or  other  roofs  hav- 
ing a greater  inclination  than  65  degrees,  shall  be  rendered 
fireproof  by  coating  the  sheathing  at  least  one  inch  deep  with 
a firm  plaster  or  cement  immediately  under  the  incombustible 
weather  covering  of  such  roofs;  strips  one  inch  square  may 
be  fastened  to  the  sheating,  to  receive  the  fastenings  of  the 
slate,  tile  or  metallic  roofing;  the  cement  plasterings  to  be 
laid  flush  with  such  strips. 


522 


Ordinances. 


1259-  Slate  Covering.]  § 49.  Slate  covering  of  roofs 
in  fire  limits,  having  less  inclination  than  65  degrees,  or  for 
roofing  of  spires  or  similar  construction,  may  be  fixed  directly 
to  wood  sheathing  or  lath:  Provided , that  each  course  of 
slating  shall  be  pointed  with  cement  in  the  joints  as  far  as 
such  points  are  to  be  covered  by  the  succeeding  course;  also 
that  a bed  of  similar  cement  shall  be  spread  on  the  sheathing 
at  the  upper  end  of  the  slate,  at  least  five  inches  in  width* 
and  made  flush  with  the  course  of  slate  already  laid,  and 
forming  a bed  for  the  succeeding  course  of  slate.  When 
slates  are  secured  to  lath,  the  entire  under  side  of  such  slate 
roofing  shall  be  pointed  with  cement  mortar  in  the  usual  and 
best  manner. 


1260.  Thickness  of  Walls  for  Dwellings.]  § 50.  All 

walls  for  dwelling  houses  in  the  city  limits  shall  be  not  less 
than  the  thickness  designated  in  the  following  table: 


Walls  of  Dwellings. 

| Basement 

| 1st  Story 

>> 

5 

tn 

>> 

0 

+-> 

c n 

CO 

u 

0 

4—* 

c n 

-C 

c 

c 

C 

C 

c 

1— i 

t— 1 

1— 1 

Basement  and  2 stories  ------- 

12 

12 

8 

Basement  and  3 stories  - - - 

1 6 

16 

12 

8 

Division  walls,  basement  and  2 stories-  - - 

12 

12 

12 

More  than  3 stories  - --  --  --  - 

16 

16 

12 

12 

12 

Division  walls,  basement  and  3 stories  - 

12 

12 

12 

12 

Division  walls,  basement  and  4 stories  - 

16 

12 

12 

12 

12 

When  1st  story,  or  basement  and  1st 

story,  for  shops  or  stores. 

2 stories  and  basement  -------- 

12 

12 

12 

3 stories  and  basement  - ------- 

16 

12 

12 

12 

4 stories  and  basement  -------- 

20  16 

12 

12 

12 

3 story  building,  division  wall  .----- 

12 

12 

12 

12 

4 story  building,  division  wall  ----- 

16 

l6 

12 

12 

12 

Buildings. 


51 23 


1261.  When  Not  to  Exceed  Eighty  Feet  in  Height.] 

§51.  No  building  hereafter  erected,  except  churches  and 
grain  elevators,  shall  exceed  a greater  height  than  eighty  feet 
to  the  highest  point  from  the  level  of  the  sidewalk,  exclusive 
of  chimneys  and  party  walls  above  the  roof,  unless  the  same 
is  constructed  throughout  of  incombustible  material  excepting 
interior  finish. 

1262.  Fire-Proof  Buildings,]  § 52.  Every  building 
hereafter  erected,  within  said  city,  of  more  than  eighty  feet  in 
height  from  the  level  of  the  sidewalk  to  the  highest  part,  ex- 
cept chimneys  and  fire  walls,  above  the  roof,  shall  be  built  fire- 
proof that  is  to  say,  shall  be  constructed  with  walls  of  brick, 
stone,  iron,  or  other  hard  incombustible  materials,  in  which 
timber  lintles,  or  bond  timbers  shall  not  be  placed,  and  in 
which  the  floors  and  roofs  shall  be  of  materials  similar  to  the 
walls.  The  stairs  and  staircase  landings  shall  be  built  entirely 
of  brick,  stone,  iron,  or  other  hard  incombustible  materials. 
No  wood  work,  or  other  inflammable  materials  shall  be  used  in 
any  of  the  partitions,  furrings,  or  ceilings,  in  any  such  fire- 
proof buildings,  excepting,  however,  that  the  doors  and  window 
frames,  the  trims,  casings,  the  interior  finish  and  the  floor 
boards,  and  sleepers  directly  thereunder  may  be  of  wood. 

In  all  fire-proof  buildings  hereafter  constructed,  the  follow- 
ing rules  must  be  observed: 

1.  All  iron  columns  shall  be  made  true  and  smooth  at  both 
ends  and  shall  rest  on  cast-iron  plates,  and  have  cast-iron  caps, 
which  shall  also  be  made  true.  All  iron  trimmers,  beams, 

headers,  and  tall  beams,  shall  be  suitably  framed  and  connected 
together,  and  the  iron  girders,  columns,  beams  and  trusses, 
and  all  other  iron  work  of  all  floors  and  roofs  shall  be  strapped, 
bolted,  anchored,  and  connected  together,  and  to  the  walls,  in 
a strong  and  substantial  manner. 


Ordinances. 


524 

2.  Under  the  ends  of  all  beams  where  they  rest  on  the 
walls,  a stone  or  cast-iron  template  must  be  built  into  the 
walls,  said  template  to  be  at  least  twelve  inches  wide  and  not 
less  than  sixteen  inches  long. 

3.  All  brick,  or  stone  arches  placed  between  iron  floor 
beams,  shall  be  at  least  four  inches  thick,  and  have  a rise  of  at 
least  one  and  a quarter  inches  to  each  foot  of  span  between 
the  beams.  Arches  over  five  feet  span  shall  be  properly  in- 
creased in  thickness  as  required  by  the  superintendent  of 
buildings,  or  the  space  between  the  beams  may  be  filled  in 
with  sectional  hollow  brick  of  burn  clay,  or  some  equally  good 
fire-proof  material,  having  a depth  of  not  less  than  one  and 
one-quarter  inches  to  each  foot  of  span,  a variable  distance  of 
not  over  six  inches  in  the  span  between  the  beams  being  al- 
lowed. 

4.  The  said  brick  arches  shall  be  laid  to  a line  on  the  cen- 
ters, with  close  joints,  and  the  brick  shall  be  well  wet,  and 
the  joints  filled  with  cement  mortar,  in  proportion  of  not  more 
than  two  parts  of  sand  to  one  of  cement  by  measure;  the 
arches  shall  be  well  grouted,  and  pinned,  or  chinked  with  slate 
and  keyed. 

1263.  Fire  Walls  in  Dwellings,  Etc.]  § 53.  All 

dwelling  houses  in  fire  limits,  including  those  having  first 
story,  used  for  business  purposes,  and  all  other  buildings  that 
are  not  more  than  two  stories  high,  having  flat  roofs,  shall 
have  their  sidewalls  extend  16  inches  above  the  roof,  and  not 
less  than  8 inches  thick,  to  have  proper  copings  of  incombus- 
tible material;  double  pitched  roofs  to  have  their  division  and 
side  walls  carried  up,  forming  fire  walls  in  same  manner;  walis 
at  the  eaves  of  all  roofs  (except  flat  roof)  shall  be  carried  up 
their  full  thickness,  flush  with  the  upper  edge  of  the  rafters 
of  the  roof,  and  the  sheathing  board  shall  be  bedded  in  mortar 
on  such  walls. 


Buildings. 


525 


1264.  Fire  Wall  in  Business  Buildings.]  § 54.  Bus- 
iness buildings,  more  than  two  stories  high,  having  flat  roof, 
shall  have  their  side  walls  carried  two  feet  above  the  roof; 
and  division  and  party  walls  not  less  than  12  inches  thick, 
shall  have  copings  of  incombustible  materials;  front  walls  may 
terminate  flush  with  the  upper  surface  of  the  sheathing  of  the 
roof.  Division  or  party  walls  shall  extend  through  mansard 
or  other  steep  roofs,  not  less  than  16  inches,  and  have  copings 
the  same  as  other  fire  walls. 

1265.  Rear  Wall  Within  Fire  Limits.]  § 55.  Any 

building  within  the  fire  limits,  not  more  than  three  stories 
high,  may  have  the  rear  wall  terminate  flush  with  the  upper 
surface  of  the  sheathing  of  the  roof,  provided,  that  the  gutter 
at  the  eave  of  such  roof  is  entirely  of  metal,  or  of  wood  en- 
veloped with  metal,  such  metallic  work  to  extend  across  and 
cover  the  walls  and  be  properly  secured  to  sheathing  of  roof. 

1266.  Chimneys  and  Flues — Construction  of.]  § 56. 

No  chimney  shall  be  built  with  less  than  4-inch  walls,  and  no 
chimney  top  shall  be  less  than  5 feet  above  the  roof  (for  flat 
roof),  and  two  feet  above  the  ridge  of  any  pitched  roof;  ordi- 
nary flues  in  business  buildings  shall  have  4-inch  walls  and  8- 
inch  jambs;  flues  larger  than  250  square  inches,  and  less  than 
500  square  inches,  shall  be  surrounded  with  walls  not  less  than 
8 inches  thick;  the  wall  of  such  flue  above  the  inlet  funnel 
shall  be  12  inches  thick  for  the  first  15  feet  around  and  above 
such  inlet;  tops  of  chimneys  to  be  at  least  8 feet  above  the 
roof,  or  5 feet  above  the  highest  part  of  the  roof  within  50 
feet  of  such  chimney.  All  fire  flues  shall  be  smoothly  plast- 
ered inside  and  outside,  joints  well  flushed  and  struck  in  best 
manner. 

1267.  Large  Chimneys  to  be  Disconnected  From 

Buildings — Height  of.]  § 57*  All  chimneys  flues  with 

larger  than  1,800  square  inches,  shall  be  disconnected  from 


526 


Ordinances. 


any  main  building,  and  shall  be  at  least  io  feet  above  the 
highest  building  within  a radius  of  60  feet,  and  in  no  case  less 
than  80  feet  high. 

1268.  Walls  to  be  Anchored  to  Joists,  Etc.]  § 58. 

In  brick  walls,  every  seventh  course  shall  be  headers.  All 
walls  shall  be  securely  anchored  to  timbers  and  joists  resting 
upon  them.  Anchors  to  be  not  more  than  eight  feet  apart. 

1269.  Hollow  Walls,]  § 59.  Hollow  walls,  not  bear- 
ing walls,  may  be  used  in  all  cases;  but  all  hollow  walls  shall 
be  bonded  or  tied  together  with  incombustible  anchors,  placed 
not  more  than  three  feet  apart;  provided,  that  in  no  case  shall 
the  ends  of  the  joists  or  other  woodwork  be  allowed  to  come 
within  four  inches  of  the  hollow  space. 

1270.  Backing  for  Iron  Fronts.]  § 60.  The  backing 
of  any  iron  front  that  is  not  wholly  self  supporting  shall  be  treat- 
ed as  an  independent  wall.  If  the  iron  wall  is  self-supporting, 
then  the  party  wall  shall  be  extended  to  meet  the  outer  thick- 
ness of  iron,  and  vacancies  shall  be  filled  with  grout  to  insure 
a complete  separation,  from  adjoining  buildings. 

1271.  Composition  Roofs  Within  Fire  Limits.]  § 61. 

The  weather  coverings  of  all  roofs  in  the  fire  limits  shall  be 
made  of  incombustible  materials.  Composition  roofs  shall  be 
made  of  not  less  than  three-ply  No.  2 felting,  which  shall  be 
well  cemented  together,  and  be  covered  with  distilled  com- 
position and  clean  screened  gravel  well  bedded;  such  roofs  on 
all  buildings  that  are  more  than  two  stories  high,  shall  have 
four-ply  felting,  to  be  swept  off  and  have  a second  coating  of 
distilled  composition  and  gravel.  The  pitch  of  composition 
roofs  shall  not  exceed  two  inches  too  the  foot.  No  uncovered 
tar,  composition,  resin,  or  felt,  shall  in  any  way,  be  exposed 
on  any  roof  or  its  appendages  within  the  limits  of  the  city. 

Ic72.  Skylights — To  be  Protected.]  § 62.  All  sky- 
lights, exceeding  50  superficial  feet,  if  set  in  wood,  the  same 
shall  be  entirely  enveloped  in  galvanized  iron.  Glass  in  all 


Buildings. 


527 


skylight,  if  not  “ prismatic  lights,”  shall  be  protected  with 
screens  made  of  No.  10  (or  heavier)  wire,  with  meshes  not 
exceeding  1 x/2  inches,  such  screen  to  be  secured  to  the  sash 
and  kept  at  least  4 inches  above  the  glass. 

1273.  Water  Leaders — Metalic.]  § 63.  All  buildings 
hereafter  erected  shall  be  kept  provided  with  metalic  leaders 
for  conducting  water  from  the  roof  to  the  ground,  sewer,  street 
or  gutter,  in  such  manner  as  shall  protect  the  walls  and  foun- 
dations from  damage;  and  in  no  case  shall  the  water  from  such 
leaders,  or  otherwise,  be  allowed  to  flow  upon  the  sidewalks, 
but  shall  be  conducted  by  drain  pipe  to  the  storm  water 
sewer  or  by  covered  channel  in  the  sidewalk  to  the  gutter. 

1274.  Cornices,  Etc. — Construction  of.]  § 64.  All 

cornices,  gutters,  eaves  and  parapets  hereafter  erected  in  the 
fire  limits  shall  be  made  of  incombustible  material.  All  metal 
cornices  shall  be  riveted  together  with  rivets  not  more  than 
two  inches  apart,  and  shall  be  supported  with  iron  brackets  of 
1 (or  heavier)  iron,  placed  not  more  than  four  feet  apart 
and  firmlv  secured  to  the  wall.  The  roof  or  covering  of  all 
cornices  may  be  sheathed  with  wood,  provided  such  sheath- 
ing shall  be  entirely  covered  with  metal,  or  where  composi- 
tion roof  is  used,  it  may  extend  within  six  inches  of  the  front 
edge  of  the  cornice,  which  space  of  six  inches  shall  be  of 
metal.  Cornices  constructed  of  stone  shall  not  extend  more 
than  30  inches  beyond  the  face  of  the  wall,  and  their  prepon- 
derating weight  shall  be  upon  the  wall. 

1275.  Scuttle  to  Reach  Roof.]  § 65.  All  roofs  shall 
be  constructed  so  as  to  be  reached  by  a scuttle,  or  by  iron 
steps  or  ladders  fastened  to  the  outside  of  the  outer  wall;  if  by 
scuttle,  the  same  shall  be  at  least  20x30  inches,  the  frame  and 
lid  covered  with  metal,  and  shall  have  a stationery  ladder 
communicating  with  such  scuttle. 

1276.  What  Buildings  to  Have  Stand  Pipes.]  § 66.  All 

buildings  more  than  three  stories  high,  shall  have  one  or  more 


Ordinances. 


528 

2^-inch  (or  larger)  metalic  stand  pipes,  as  the  fire  marshal 
may  direct,  extending  above  the  roof,  and  arranged  so  that 
engine  hose  can  be  attached  from  the  street.  All  hose  coup- 
lings shall  conform  to  the  size  and  pattern  adopted  by  the  fire 
department. ' 

1277.  Floors  Deadened — When.]  §67.  All  buildings 
within  the  fire  limits  more  than  three  stories  high,  shall  have 
all  their  floors  deadened  with  mortar,  or  its  equivalent,  spread 
at  least  one  inch  thick. 

1278.  Signs  .]  § 68.  All  signs  placed  on  any  building 

above  the  sills  of  the  third  story  windows,  shall  be  made  of 
incombustible  materials.  No  wooden  signs  shall  be  more 
than  two  feet  in  width,  and  above  the  second  story  must  be 
placed  close  to  the  wall. 

1279.  Headers — Joists  and  Floor  Beams.]  § 69.  All 

floor  beams,  joists  and  headers,  shall  be  kept  at  least  four 
inches  clear  of  any  wall  enclosing  a fire  flue  or  chimney  breast, 
and  the  space  left  between  the  framing  and  such  flues  shall  be 
filled  solid  with  guaged  mortar,  to  be  a heavy  coat  of  plaster- 
ing put  on  the  walls  of  such  flues  before  any  other  wood  work 
shall  be  placed  against  it. 

1280.  Fire  Places  and  Hearths.]  § 70.  All  hearths, 
for  ordinary  fire  places,  shall  rest  on  trimmer  arches,  the 
header  kept  at  least  eighteen  inches  from  the  face  of 
the  chimney  breast.  The  backs  of  all  fire  places  shall  not  be 
less  than  eight  inches  thick,  all  stove-pipe  holes  shall  have 
proper  thimbles  and  stoppers. 

1281.  Joists  and  Beams.]  § 71.  Ends  of  joists  or 
beams  entering  a brick  wall  shall  be  cut  so  as  not  to  disturb 
the  brick  work  by  any  defection  or,  breaking  of  the  joists  or, 
beams.  All  such  joists  or  timbers  entering  a party  or  divi- 
sion wall  from  opposite  sides  shall  have  at  least  four  inches  of 
solid  brick  work  between  the  ends  of  such  timber  or  joists. 


Buildings. 


529' 

In  business  buildings,  where  the  upper  stories  are  intended  for 
flats  or  offices,  and  the  bearing  walls  do  not  extend  up  and 
through  the  building,  girders  supported  by  columns  must  be 
placed  to  carry  the  ends  of  the  floor  joists,  and  in  no  case  shall 
the  ends  of  the  floor  joists  rest  on  a stud  partition.  All  build- 
ings for  residence  and  business  purposes  shall  have  the  brick 
project  not  less  than  one  and  one-half  inches  inside  of  the  face 
of  the  wall  between  the  joists  of  each  floor  and  ceiling  joists. 

1282.  Support  of  Girders.  | § 72-  Joists  and  girders 

in  any  building  shall  be  of  proper  dimensions  to  sustain  the 
load  designed  to  be  placed  upon  them;  girders  may  rest  on 
piers  of  brick  or  stone,  or  upon  columns  of  wood  or  iron  of 
proper  dimensions.  All  floor  joists  shall  be  properly  bridged 
with  cross-bridging.  All  headers  in  floor  framing  of  business 
buildings  that  are  placed  at  a greater  distance  than  two  feet 
from  the  end  of  a trimmer,  shall  be  placed  in  proper  iron  stir- 
rups. 

1283*  Hoistways.]  § 73.  Hoistway  openings  shall 

have  trap  doors  (covered  with  metal  on  the  under  side)  on 
all  floors  except  where  elevators  are  used,  with  sufficient 
guards  for  protection  during  the  hours  of  business,  and  said 
doors  shall  be  kept  closed  at  all  other  times. 

1284.  Construction  of  Elevator  Shaft.]  § 74.  Hoist- 
ways in  which  elevators  shall  be  used,  shall  have  a fire-proof 
shaft  started  at  the  lowest  point  reached  by  such  elevator,  and 
from  such  point,  extended  up  through  and  six  feet  above  the 
roof.  Open  passenger  elevators  within  the  well-hole  of  an 
open  stairway  are  not  prohibited;  provided,  however,  said 
elevator  openings  shall  be. protected  by  a substantial  guard, 
and  said  well-hole  shall  be  constructed  of  brick. 

1285.  Elevator  Shafts — Doors  to,  Etc.]  § 75.  All 

doors  in  shafts  of  elevators  shall  have  latches  so  contrived  that 
a key  shall  be  used  to  unlatch  the  doors  from  the  outside,  but 
may  have  a knob  or  handle  to  open  the  door  from  the  inside. 

35 


530 


Ordinances. 


Doors  in  such  shaft  shall  be  made  of  metal,  and  the  catches, 
or  fastenings  upon  such  doors  shall  be  so  placed  that  they  can 
be  opened  only  from  the  inside  of  the  shaft,  and  entirely  under 
the  control  of  the  elevator  operator. 

1286.  Fire  Escapes — When  Required.]  § 76.  All 

buildings,  except  such  as  are  used  for  private  residences  ex- 
clusively, of  three  or  more  stories  in  height,  shall  be  provided 
with  one  or  more  metalic  ladders,  or  metalic  fire  escape^,  ex- 
tending from  the  first  story  to  the  upper  stories  of  such  build- 
ings, and  above  the  roof,  and  on  the  outer  walls  thereof,  in 
such  location  and  numbers,  and  of  such  material  and  construc- 
tion as  the  board  for  the  inspection  of  buildings  may,  from 
time  to  time,  determine.  After  such  determination  shall  have 
been  made  as  aforesaid,  the  superintendent  of  buildings  of  said 
city  may  at  any  time,  by  notice  in  writing  served  upon  such 
owner,  lessee  or  occupant,  of  any  building  by  leaving  such 
notice  with  such  owner,  lessee  or  occupant,  or  either  of  them, 
to  cause  such  metallic  ladders  or  fire-escapes  to  be  placed  on 
such  building  within  thirty  days  after  the  service  of  such 
notice:  Provided , liozvever , that  all  buildings  more  than  two 
stories  in  height,  used  for  manufacturing  purposes,  shall  have 
one  metalic  ladder  for  every  twenty-five  persons,  or  less,  em- 
ployed above  the  second  story. 

1287.  Walls,  Etc.,  Not  to  Project  Beyond  Building 
Line.]  § 77.  The  face  of  any  wall,  pilaster  or  column,  of  any 
building,  above  the  level  of  its  main  water  table,  unless  such 
column  or  pilaster  is  merely  a part  of  any  portico  or  window, 
or  window  dressing,  shall  not  project  beyond  the  building 
line. 

1288.  Iron  Shutters.  ] § 78.  All  brick  buildings 

which  are  more  than  two  stories  or  above  twenty-five  feet  in 
height  above  the  curb  level  already  erected,  or  that  may  here- 
after be  erected,  except  dwelling-houses,  school  houses  and 
churches,  shall  have  doors,  blinds  or  shutters  made  of  iron  or 


Buildings. 


53i 


other  fire  resisting  material  to  be  approved  by  the  superin- 
tendent of  buildings,  on  every  window  or  entrance  on  the  sides 
and  rear  walls  of  such  building  ; and  when  such  shutters  and 
doors  cannot  be  put  on  the  outside  of  such  door  or  window, 
they  shall  be  on  the  inside,  and  be  hung  on  an  iron  frame  inde- 
pendent of  the  wood  work  of  the  window  frame  or  door,  or  to 
iron  hinges  in  rabbits  in  the  masonry;  and  every  such  door 
or  shutter  shall  be  closed  upon  the  completion  of  business  of 
each  day,  by  the  occupants  having  the  use  or  control  of  the 
same  ; and  all  fire-proof  shutters  that  now  are  or  may  here- 
after be  put  upon  any  building,  shall  be  so  constructed  or 
arranged  that  they  can  be  readily  opened  from  the  outside  by 
the  firemen. 

1289.  Porticos  and  Oriel  Windows.]  § 79.  Porticos 
to  any  building  extending  through  one  or  two  stories  may 
have  their  plinths  extended  4 feet  over  the  building  line,  but 
bay  or  oriel  windows  to  dwelling  houses  shall  have  the  body 
of  such  window  not  more  than  3 feet  over  the  building  line, 
and  no  part  of  such  window  shall  be  at  a less  distance  than 
8y2  feet  above  the  grade  of  the  sidewalk;  brackets  projecting 
not  more  than  14  inches  shall  be  kept  5 feet  above  the  side- 
walk. 

1290-  Smoke  Houses — Construction  of.]  § 80.  Smoke 
houses  shall  be  constructed  throughout  of  incombustible  mate- 
rial, with  ventilators  at  or  near  the  top,  and  guards  not  less 
than  4 feet  above  the  fire  beds,  sufficient  to  prevent  the  meats 
from  falling  into  the  fire.  If  they  open  into  other  buildings, 
such  openings  shall  be  protected  by  iron  doors  or  shutters 
properly  and  thoroughly  constructed. 

1291.  Buildings  for  Storing  Petroleum,  Etc.]  § 81. 

Buildings  designed  for  the  storage  of  petroleum,  or  articles  of 
like  nature,  shall  be  constructed  as  follows,  to- wit:  Their  walls 
shall  not  be  less  than  16  inches  thick,  nor  more  than  16  feet 
high;  their  floorings  shall  be  made  of  fire-proof  paving  or 


532 


Ordinances. 


concrete,  upon  the  ground,  which  shall  be  at  least  2 feet  be- 
low the  street  grade;  their  roofs  shall  be  of  metal,  or  of  the 
best  composition  roof,  and  shall  have  fire  walls  18  inches  high 
all  round,  not  less  than  8 inches  thick,  and  have  copings  of 
incombustible  material. 

1292.  Theatres,  Etc. — Means  of  Egress.J  § 82.  The 

egress,  openings  and  stairways  of  theatres,  or  other  rooms 
wherein  crowds  of  people  usually  assemble,  or  wherein  large 
numbers  of  employes  are  kept  at  work,  shall  in  no  case  be  less 
than  five  feet  wide,  nor  agregate  a less  proportion  than  18 
inches  for  each  100  persons  such  theatre  or  other  room  may 
contain  or  accommodate.  This  provision  to  apply  to  the  doors 
of  each  gallery  or  compartment  of  such  building,  as  well,  as 
to  the  exterior  openings.  All  doors  of  such  buildings  or 
rooms  shall  be  made  to  swing  outward. 

1293.  Means  of  Egress  in  Other  Buildings.]  § 83.  All 

buildings  over  two  stories  high,  used  for  the  manufacture  of 
combustible  articles,  or  materials,  wherein  more  than  200  em- 
ployes are  kept  at  a time,  must  have  at  least  two  egress  stair- 
ways at  least  50  feet  from  each  other. 

1294.  Heating  Appliances — Arrangement  of.]  § 84. 

Hot  air,  hot  water,  steam  or  other  furnace,  whether  brick  or 
metal,  shall  be  kept  at  least  10  inches,  and  the  smoke  flue  at 
least  20  inches,  off  from  any  unprotected  wood  work.  All 
furnaces  shall  be  placed  on  foundations  of  brick  or  stone,  with 
proper  hearths  of  incombustible  material  at  least  24  inches 
wide  in  front  of  the  ash  pit.  All  hot  air  conductors  that  are 
placed  within  10  inches  of  any  wood  work  shall  be  made 
double,  one  within  the  other,  with  at  least  one-half  inch  space 
between  the  two.  All  hot  air  registers  shall  be  set  in  incom- 
bustible boi  ders  not  less  than  two  inches  in  width ; all  such  bor- 
ders shall  be  firmly  set  in  plaster  of  pans;  openings  in  floors 
for  registers  shall  be  lined  with  bright  tin  to  receive  the  reg- 


Buildings. 


533 


ister  boxes,  the  lining  to  be  kept  at  least  one  inch  distant  from 
such  register  box.  I.  C.  or  I.  X.  bright  tin  shall  be  used  in 
the  construction  of  all  hot  air  flues  and  their  appendages. 

1295.  Boiler  Houses  and  Rooms.]  § 85.  The  wood 
work  of  all  boiler  houses  and  boiler  rooms  shall  be  kept  at 
least  six  feet  from  the  boiler  and  four  feet  from  the  breeching 
or  smoke  conductor,  and  one  foot  from  the  dome  of  the  boiler, 
unless  such  wood  work  is  properly  protected  with  incombusti- 
ble material,  and  then  there  shall  be  at  least  two  feet  space 
from  the  boiler  or  smoke  pipe  and  the  protection. 

1296.  Floors  in  Boiler  Rooms.]  § 86.  The  floors  of 
all  rooms,  when  containing  stationary  boilers,  shall  be  made 
of  incombustible  materials,  five  feet  on  all  sides  and  at  least 
eight  feet  in  front  of  any  boiler. 

1297.  Steam  Pipes— Protection  of.  ] § 87.  Steam 

pipes  shall  be  kept  at  least  two  inches  from  all  wood  work, 
otherwise  they  shall  be  protected  by  a soap-stone,  or  earthen 
ring  or  tube,  or  rest  on  iron  supporters. 

1298.  Pipes  Let  Into  Joists,  Etc. — Protection.]  § 88. 

No  pipes  shall  be  let  into  the  joists  or  beams  of  any  floor  to  a 
greater  depth  than  two  inches,  and  not  more  than  three  feet 
from  the  ends  of  the  joists  or  beams. 

1299.  Walls  to  be  Braced  During  Erection.]  § 89. 

Walls  of  any  building  shall  be  securely  braced  during  the  pro- 
cess of  erection. 

1300.  Term  “Business  Building”  Defined.]  § 90. 

The  term  “business  buildings”  shall  embrace  all  buildings  used 
principally  for  business  purposes,  this  including,  among  others, 
hotels,  theaters  and  office  buildings. 

1301-  Terms  Defined.]  § 91.  The  term  “wholesale 
store,”  or  “ storehouse,”  shall  embrace  all  buildings  used  (or 
intended  to  be  used)  exclusively  for  purposes  of  mercantile 
business  or  storage  of  goods. 


534 


Ordinances. 


1302.  Basement  Defined.]  § 92.  A basement  story  of 
any  building  is  defined  as  a story  whose  floor  is  twelve  inches 
or  more  below  the  sidewalk,  and  whose  height  does  not  ex- 
ceed twelve  feet  in  the  clear;  all  such  stories  that  exceed 
twelve  feet  high  shall  be  considered  as  first  stories. 

1303.  Height  of  Buildings.]  § 93.  The  height  of  all 
buildings  for  the  purpose  of  this  article,  shall  be  taken  from  the 
grade  of  the  sidewalk  from  a point  half  way  from  the  lowest 
to  the  highest  point  of  roof. 

1?04.  Chimney  Not  to  Rest  on  Wood  Work.]  § 94, 

All  chimneys  not  forming  a part  of  a wall  shall  rest  upon  the 
ground  with  proper  foundations,  and  in  no  case  shall  any 
chimney  rest  on  or  be  supported  by  frame  work,  beams  or 
posts  of  woodwork  of  any  description,  except  in  one-story  cot- 
tages. 

1305.  Posts  and  Guy  Ropes.]  § 95.  Iron  bars  shall 
not  be  driven  in  the  road  way  of  any  street  for  the  purpose  of 
attaching  guy-ropes  of  derricks.  Posts  may  be  set  up  opposite 
any  derrick  for  the  purpose  of  attaching  guy  lines.  Such  posts 
shall  be  not  less  than  eight  inches  square,  of  sound  timber,  six- 
teen feet  long,  set  at  least  four  feet  into  the  ground.  Guy 
ropes  attached  to  such  posts  shall  be  kept  at  least  ten  feet 
above  the  surface  of  the  streets. 

1306.  Structures  Under  Sidewalks — Permit.]  § 96. 

Any  person  desirous  of  utilizing  the  space  under  the  sidewalks 
in  front  of  any  building  owned  by  him,  shall  construct  a suffi- 
cient stone  or  hard  burnt  brick  wall  to  retain  the  road  way  of 
the  street,  and  shall  extend  the  sidewalks,  division  and  party 
walls  of  such  building  under  the  sidewalk  to  such  curb  wall; 
the  sidewalk  in  all  such  cases  shall  be  incombustible  material 
entire,  supported  by  walls  of  iron  beams  and  columns;  open- 
ings in  such  walks  for  the  admission  of  coal  or  light  shall  be 
covered  with  prismatic  lights  in  iron  frames,  or  with  iron  covers 
having  a rough  surface,  and  in  no  case  will  a smooth  surface 


Buildings. 


535 


be  permitted  on  any  such  cover.  No  plain  surface  glass  shall 
be  placed  in  any  sidewalk.  In  all  cases  where  the  sidewalks 
are  to  be  thus  used,  a permit  shall  be  first  obtained  from  the 
commissioner  of  public  works;  such  permit  shall  specify  the 
details  of  such  construction,  and  shall  be  approved  by  the  su- 
perintendent of  buildings. 

1307.  Using  Street — Permit  for.J  § 97.  Any  person 
desiring  to  use  any  portion  of  the  street  or  alley  for  the  pur- 
pose of  erecting  or  repairing  any  building  shall  make  appli- 
cation for  a permit  to  use  the  same  and  shall  cause  a red  light 
to  be  placed  in  a conspicious  place  in  front  of  such  obstruc- 
tion from  dark  until  sunrise  each  night  during  the  time  such 
obstruction  remains.  A sidewalk  or  passage-way,  of  at  least 
four  feet  wide  shall  be  kept  in  front  of  any  new  building,  as 
far  as  it  is  practicable,  making  allowance  for  the  proper  hand- 
ling of  any  materials  to  be  used  in  or  about  such  building. 

1308.  Public  Hall  Defined.]  § 98.  Every  theater, 
opera  house,  hall,  church  or  other  building'  intended  to  be 
used  for  public  assemblages,  shall  be  deemed  a public  hall 
within  the  meaning  of  this  article. 

1309.  Permit  to  Erect.]  § 99.  Any  person  desiring  a 
permit  to  erect  any  public  hall  shall  make  application  to  the 
superintendent  of  buildings,  in  compliance  with  this  article. 

1310.  Stairways  in,]  § 100.  No  stairway  to  any  pub- 
lic hall,  or  part  thereof  shall  rise  more  than  ten  feet  without  a 
platform,  and  no  winders,  wheeling,  or  circular  steps  shall  be 
used.  Each  stairway  and  passage-way  shall  have  a strong 
hand-rail  on  each  side  thereof  through  its  entire  length. 

1311.  Exits,  Etc.,  From,]  § 101.  Every  public  hall 
with  accommodations  for  five  hundred  or  more  people  shall 
have  at  least  two  separate  and  distinct  exits,  to  be  as  far  apart 
as  may  be  found  practicable.  Public  halls,  accommodating 
seven  hundred  or  more  persons  shall  have  at  least  three  sep- 
arate and  distinct  exits.  The  exits  from  all  galleries  shall  be 
independent  and  separate  from  the  exits  of  the  main  floor. 


53*5 


Ordinances. 


1312.  Height  Above  Grade  of  Street.]  § 102.  No  portion 
of  the  main  floor  of  any  public  hall  not  used  as  a theater,  and 
with  accommodations  for  five  hundred  persons,  shall  be  ele- 
vated to  a greater  height  than  thirty-five  feet  above  the  street 
grade.  Public  halls  with  accommodations  for  one  thousand 
persons  or  more  shall  have  the  main  floor  not  over  twentv- 
five  feet  above  the  street  grade;  no  portion  of  the  main  floor 
of  any  theater,  with  accommodations  for  five  hundred  or  more 
persons,  shall  not  be  more  than  sixteen  feet  above  the  street 
grade.  In  all  such  theaters,  the  proscenium  wall  shall  be  of 
brick  work,  not  less  than  sixteen  inches  thick,  extending  from 
the  ground  through  and  four  feet  above  the  roof,  this  brick 
wall  to  extend  entirely  across  the  building  from  the  floor  of 
the  stage  to  the  ground.  All  openings  required  in  any  part  of 
the  wall  (except  the  principal  opening)  shall  have  proper  iron 
doors. 

1313.  Floors  to  be  Fire-Proofed  in.]  § 103.  All  audi- 
torium floors  in  theaters  shall  be  fire-proofed,  either  by  dead- 
ing  the  same  with  at  least  one  inch  of  mortar,  or  have  the 
under  side  of  joists  lathed  with  iron  and  plastered  with  at 
least  one  heavy  coat  of  mortar. 

1314.  Partitions  in  Theaters— Construction  of.]  § 104. 

All  partitions  for  rooms  and  passages  in  theaters,  if  not  made 
bodily  fire-proof,  shall  be  plastered  on  both  sides  on  iron  or 
wire  lathing  or  tiling. 

1315.  What  Preceding  Sections  to  Apply  to.]  § 105. 

The  preceding  sections,  from  sections  98  to  section  104,  both 
inclusive,  shall  apply  only  to  theaters  or  public  halls  that  may 
hereafter  be  erected.  The  following  provisions  shall  apply  to 
theaters  or  public  halls  that  are  now  or  may  hereafter  be 
erected  or  constructed. 

1316.  Opening  in  Halls,  Etc,,  Heretofore  Built.]  § 106. 

All  egress  openings  in  public  halls  shall  have  the  word  “exit” 
'conspicuously  placed  over  them,  and  shall  otherwise  conform 


Buildings. 


537 


to  the  requirements  of  section  ioi  of  this  article.  The  aisles 
or  passages  in  such  halls  shall  at  all  times  be  kept  unob- 
structed. 

1317.  Ventilator  Over  Stage.]  107.  § All  theaters 
or  other  places  of  public  amusement  having  a seating  capacity 
of  over  five  hundred  persons,  and  having  a platform  or  stage, 
and  using  drop  curtains  or  shifting  scenery,  shall  have  a suit- 
able ventilator  placed  upon  the  roof  and  opening  to  the  space 
above  the  stage.  Such  ventilators  shall  be  arranged  with 
valves,  or  shutters  that  can  be  readily  opened  in  case  of  fire, 
so  that  a current  of  air  will  pass  over  the  stage  and  outward 
through  such  ventilator.  Any  other  contrivance  having  the 
same  effect  and  approved  by  the  superintendent  of  buildings 
may  be  used  instead  of  the  ventilator  above  described. 

1318.  Water  Standpipe  on  Stage.]  § 108.  All  such 
buildings  shall  have  a water  standpipe  ana  water  plug,  to  be 
placed  on  the  stage  or  platform,  or  in  its  immediate  vicinity, 
which  shall  be  connected  with  the  water  pipes  or  street  mains 
of  the  city  water  works  system,  and  shall  be  put  in  under  the 
direction  and  to  the  satisfaction  of  the  fire  marshal  and  super- 
intendent of  buildings. 

1319.  Hose  Attached  to  Standpipe.]  § 109.  Hose 
shall  be  attached  to  such  standpipe,  of  such  size  as  may  be 
directed  by  said  marshal,  to  have  nozzle  and  stop-cock  at- 
tached thereto;  such  hose  shall  be  of  sufficient  length  to  extend 
to  the  farthest  limits  of  such  building  or  place  of  amusement 
and  shall  at  all  times  be  kept  in  good  order  and  repair,  and 
ready  for  immediate  use. 

1320.  Other  Standpipes  Required.]  § no.  All  public 
halls,  with  accommodations  for  one  thousand  or  more  persons, 
shall  have  at  least  one  standpipe  in  the  street  or  alley  on  the 
outside  of  the  building,  from  ground  to  roof,  with  hose  attach- 
ments, close  to  a window  or  door  at  each  floor  or  gallery. 


538 


Ordinances. 


1321.  Fire  Alarm  Box  in.]  § hi.  Such  ha'll  shall 
also  be  provided  with  a fire  alarm  telegraph  apparatus,  con- 
nected by  the  necessary  wires  with  the  headquarters  of  the 
city  fire  alarm  telegraph,  or  such  other  place  or  places  as  the 
fire  marshal  shall  direct. 

1322.  Fire  J xtinguishing  Apparatus  Required.] 

§ii2.  It  shall  be  the  duty  of  all  owners,  agents,  lessees  and 
occupants  of  such  public  hall  to  provide  such  fire  extinguish- 
ing apparatus  at  such  points  about  the  building  as  the  fire 
marshal  shall  direct. 

1323.  Shall  Employ  Fireman.]  § It  shall  be  the 

duty  of  the  owner,  agent,  lessee  or  occupant  of  any  theatre 
with  accommodations  for  one  thousand  or  more  persons,  to 
employ  one  or  more  competent,  experienced  firemen,  approved 
by  the  fire  marshal,  to  be  at  such  theatre  during  the  whole 
time  it  is  open  to  the  public;  such  fireman  shall  report  to  and 
be  subject  to  the  orders  of  the  fire  marshal,  shall  be  in  uniform 
and  shall  see  that  all  fire  apparatus  required  is  in  its  proper 
place  and  in  efficient  and  ready  working  order. 

1324.  Recess,  Chase  or  Flue.]  § 114.  No  continuous 
vertical  recess  chase  or  flue  shall  be  made  in  any  party  wall 
so  deep  that  it  will  leave  the  thickness  at  the  back,  less  than 
eight  inches  at  any  point,  and  no  recess  of  any  kind  shall  be 
made  in  any  eight  inch  wall.  No  horizontal  recess  shall  be 
made  in  any  wall  except  by  special  permit  from  the  superin- 
tendent. No  continuous  vertical  recess,  other  than  flues  in 
stacks,  shall  be  nearer  than  seven  feet  to  any  recess. 

132.3.  Side  Walls  Not  to  Be  Built  in  Advance  of  Rear 
Wall.]  § 115.  No  side  wall  of  a brick  building  shall  be 
carried  up  in  advance  of  the  rear  wall. 

1326  Buildings  to  Have  Division  Walls.]  § 116.  All 

brick  blocks  to  be  used  as  business  houses  or  flats,  shall  have 
division  walls  of  brick,  each  forty-eight  feet  of  their  width  at 


Buildings. 


539 


least,  to  extend  through  the  roof.  The  stairways  shall  be 
enclosed  with  brick  walls  or  other  incombustible  material 
approved  by  the  superintendent  of  buildings.  All  brick  build- 
ings to  be  used  as  dwellings,  tenements,  or  lodging  houses,  in 
excess  of  thirty  feet  in  width,  shall  have  brick  division  walls 
to  extend  through  the  roof,  not  more  than  twenty-two  feet 
apart. 

1327-  Furnaces,  Etc. — Permits  to  Set.]  § 117.  No 
furnace,  boiler  or  range,  set  in  masonry  or  otherwise,  shall 
hereafter  be  placed,  or  its  location  changed,  in  any  building 
except  as  the  superintendent  shall  approve. 

1328.  Construction  of  Floors.]  § 118.  All  floors  shall 
be  constructed  to  bear  a safe  weight,  per  superficial  foot,  ex- 
clusive of  material,  as  follows: 

For  dwellings,  tenement  or  lodging  houses,  one  hundred 
pounds;  for  buildings  for  light  mechanical  purposes,  and  for 
public  buildings,  one  hundred  and  fifty  pounds;  for  store- 
houses, warehouses,  machine  shops,  armories,  drill  rooms,  and 
other  similar  buildings,  not  less  than  two  hundred  and  fifty 
pounds;  these  requirements  shall  apply  to  all  alterations  as 
well  as  new  buildings. 

1329.  Board  Partitions — Size — Not  Used  as  Supports 
— When.]  § 1 19.  Plank  or  board  partitions  in  brick  build- 
ings in  any  one  story  of  any  building,  shall  not  aggregate 
more  than  four  hundred  superficial  feet,  measuring  on  one 
side.  Partitions  in  hotel  buildings  and  tenement  buildings 
made  of  scantling,  shall  be  lathed  and  plastered  on  both  sides, 
shall  be  filled  with  brick  work,  eight  inches  high,  from  each 
floor,  in  the  best  manner;  scantling  partitions  shall  not  be  used 
for  the  support  of  any  floor  or  roof,  except  for  dwelling  houses. 

1330.  Unsafe  Flues,  Chimneys,  and  Heating  Appa- 
ratus— Penalty.]  § 120.  If  any  chimney  flue  or  heating 
apparatus  of  any  premises,  shall  in  the  opinion  of  the  superin- 


54° 


Ordinances. 


tendent  of  buildings,  endanger  the  premises,  he  shall  at  once 
notify  in  writing  the  owner,  or  agent  of  said  premises.  If  such 
owner,  or  agent,  fails  for  a period  of  forty-eight  hours  after  the 
service  of  such  notice  to  make  such  chimney,  flue  or  heating 
apparatus  safe,  he  shall  be  liable  to  a fine  of  not  less  than  twenty, 
nor  more  than  fifty  dollars  for  every  day’s  continuance  thereof. 

1331-  Distance  From  Line  of  Lot.]  § 121.  Outside 
of  the  fire  limits  wooden  buildings  may  be  erected,  to  be  used 
as  a dwelling  or  tenement,  but  shall  not  exceed  forty-five  feet 
in  height,  from  the  sidewalk  to  the  highest  point  of  roof;  and 
the  external  walls  of  such  buildings  shall  not  be  placed  at  a 
less  distance  than  eighteen  inches  from  the  line  of  the  lot  upon 
which  the  building  is  located,  unless  a brick  external  wall  is 
substituted  for  a wooden  wall,  said  wall  to  be  not  less  than 
eight  inches  thick;  said  walls  to  be  built  up  to  the  under  side 
of  the  road  covering  and  bedded  in  mortar  on  the  walls. 

1332.  Distance  Between  Frame  Houses.]  § 122. 

Where  frame  or  wooden  buildings  are  erected  on  a lot  for 
dwelling  purposes,  there  shall  be  a clear  open  space  of  at  least 
three  feet  between  the  walls  of  said  buildings. 

1333.  Division  Walls  in  Blocks  of  Two  or  More.] 

§ 123.  In  the  erection  of  wooden  buildings  for  dwelling  pur- 
poses, in  blocks  of  two  or  more,  said  buildings  shall  have  div- 
ision walls  not  less  than  eight  inches  thick,  of  brick;  said  brick 
walls  to  be  carried  up  and  topped  out  twelve  inches  above 
the  roof  and  properly  coped. 

1334.  Distance  Between  Other  Frame  Buildings.] 

§ 124.  Wooden  buildings  to  be  used  for  other  purposes  than 
that  of  a dwelling  house  shall  not  be  erected,  or  placed  at  a 
less  distance  than  four  feet  from  any  other  building  unless  an 
intercepting  wall  of  brick  is  used. 

1335.  Height  Limited.]  § 125.  All  exterior  parts  of 
every  building  hereafter  erected  within  the  city  of  Peoria 


Buildings. 


541 

which  are  more  than  forty-five  feet  in  height  above  the  level 
of  the  sidewalk,  shall  be  made  of,  and  covered  with  incombus- 
tible material. 

1336.  Sills  — How  Laid  — Foundations.]  § 126.  The 
sills  of  any  wooden  building  shall  be  laid  at  least  eight  inches 
above  the  grade  of  the  street;  and  all  such  buildings  shall  be 
built  upon  secure  foundations  of  stone  or  brick,  carried  up  to 
the  surface  of  the  ground.  All  buildings  having  an  area  ex- 
ceeding 25x40  feet,  shall  have  twelve  inches  foundation  walls; 
all  frame  tenements  in  blocks  of  two  or  more,  with  basement 
stories  or  cellars,  shall  have  at  least  twelve-inch  outside  walls 
and  not  less  than  eight-inch  division  walls. 

1337.  Sills — Fire-Stops  — Partitions.]  § 127.  All 
frame  buildings  hereafter  erected  shall  have  solid  timber  sills 
of  suitable  dimensions  for  the  size  of  the  structure;  the  stud- 
ding shall  be  thoroughly  braced.  All  walls,  both  exterior  and 
partition  shall  be  bridged  at  least  once  in  every  nine  feet  of 
their  height  with  material  two  inches  thick  and  of  the  same 
width  as  the  studding,  so  as  to  completely  prevent  the  same 
from  forming  a draft,  or  flue  in  case  of  fire. 

1338.  Permits  Required  as  to  Wooden  Buildings.] 

§ 128.  No  wooden  building  now  erected,  or  hereafter  to  be 
erected,  shall  be  altered,  raised,  roofed,  enlarged  or  otherwise 
built  upon,  in  any  manner,  without  a permit. 

1339.  Stone  Not  to  be  Dressed  on  Street.]  § 129.  No 
person  shall  be  permitted  to  dress  stone  in  the  streets  or  pre- 
pare any  material  for  building  in  the  streets  which  can  be  pre- 
pared elsewhere. 

1340.  Plans  Not  to  be  Changed  After  Permit.]  § 130. 
After  a permit  has  been  granted  the  owner,  the  architect  or 
builder  must  not  change,  or  alter  the  plans  or  construction  for 
which  the  permit  was  issued,  without  giving  notice  of  such 
change  or  alteration  and  receiving  permission  for  the  same. 


542 


Ordinances. 


1341.  Plans  for  Drainage  and  Plumbing,  Filed  With 
Board  of  Health.]  § 131.  The  drainage  and  plumbing  of 
all  buildings,  both  public  and  private,  hereafter  erected  in  said 
city,  and  all  alterations,  changes  and  repairs  in  the  drainage  or 
plumbing  hereafter  placed  in  any  house  within  said  city,  shall 
be  executed  in  accordance  with  the  plans  previously  approved 
in  writing  by  the  board  of  health  of  said  city;  and  no  permit 
for  the  same  shall  be  granted  by  the  superintendent  of  build- 
ings, except  upon  such  written  approval;  suitable  plans  and 
descriptions  of  the  plumbing  and  drainage  shall  in  each  case 
be  submitted  and  placed  on  file  in  the  health  department. 

1342.  Penalty.]  § 132.  Any  person  failing  to  comply 
with,  or  guilty  of  a violation  of,  any  of  the  provisions  of  this 
article,  where  no  other  penalty  is  provided,  shall  be  subject  to 
a penalty  of  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars.  Every  such  person  shall  be  deemed  to 
have  been  guilty  of  a separate  offense  for  every  day  the  same 
shall  continue,  and  shall  be  subject  to  the  penalty  imposed  by 
this  section  for  each  and  every  separate  offense;  and,  any  con- 
tractor or  builder,  who  shall  construct  any  building  in  viola- 
tion of  this  article;  and  any  architect  having  charge  of  such 
building  who  shall  permit  it  to  be  so  constructed,  shall  be  lia- 
ble to  the  penalties  provided  by  this  section. 

1343.  Fire  Limits.]  § 133.  That  all  the  lots,  blocks 
and  territory  within  the  city  of  Peoria,  contained  within  the 
following  boundaries,  to- wit:  Beginning  at  the  Illinois  river 
on  the  west  line  of  section  sixteen  (16)  in  said  city;  thence 
north  along  said  section  line  to  the  center  of  Cedar  street;  thence 
along  the  center  of  Cedar  street  to  the  center  of  South  Adams 
street;  thence  sonth- westerly  along  the  center  of  South  Adams 
street  to  the  center  of  Lincoln  avenue;  thence  along  the  cen- 
ter of  Lincoln  avenue  to  the  center  of  Gallatin  street;  thence 
north-easterly  along  the  center  of  Gallatin  street  and  alley  in 
continuation  thereof  between  South  Adams  street  and  West 


Butchers. 


543 


Jefferson  street  to  the  center  of  Chestnut  street;  thence  north- 
westerly along  the  center  of  Chestnut  street  to  the  center  of 
West  Jefferson  street;  thence  north-easterly  along  the  center 
of  West  Jefferson  street  to  the  center  of  Sanford  street;  thence 
along  the  center  of  Sanford  street  to  the  center  of  Bluff  street; 
thence  south-westerly  along  the  center  of  Bluff  street  to  the 
center  of  State  street;  thence  along  the  center  of  State  street 
and  the  center  of  High  street  to  the  center  of  Elizabeth  street; 
thence  north  along  the  center  of  Elizabeth  street  to  the  center 
of  the  block  between  Main  street  and  Russel  street;  thence 
due  east  to  the  center  of  North  street;  thence  along  the  center 
of  North  street  and  the  center  of  Randolph  avenue  to  the  cen- 
ter of  Hamilton  street;  thence  south-easterly  along  the  center 
of  Hamilton  street  to  the  center  of  Bluff  street;  thence  north- 
eaasterly  along  the  center  of  Bluff  street  to  the  center  of  Jack- 
son  street;  thence  south-easterly  along  the  center  of  Jackson 
street  to  the  center  of  Glendale  avenue;  thence  north-easterly 
along  the  center  of  Glendale  avenue  to  the  center  of  Green 
street;  thence  south-easterly  along  the  center  of  Green  street 
to  the  center  of  the  block  between  North  Jefferson  street  and 
North  Adams  street;  thence  north-easterly  through  the  cen- 
ter of  the  blocks  between  North  Jefferson  street  and  North 
Adams  street  to  the  center  of  Grant  street;  thence  south-east- 
erly along  the  center  of  Grant  street  to  the  Illinois  river; 
thence  along  the  Illinois  river  to  the  place  of  beginning,  shall 
be  known  at  the  fire  limits  of  the  city  of  Peoria. 


ARTICLE  ii. 


BUTCHERS. 


Section. 

1344.  License  Required. 

1345.  License  Fee— Violation— Penalty. 

1346.  Cleanliness  — Inspection  — Right  of 


Section. 

1347.  Revocation  of  Licenses. 

1348.  Butcher— Defined. 


Entering. 


1344.  License  Required.]  § 1.  No  person  shall  sell, 
offer,  or  expose  for  sale,  any  fresh  meat  (except  venison,  poul- 


544 


Ordinances. 


try,  fish  or  wild  game)  in  any  quantity  in  the  city  of  Peoria, 
without  having  first  obtained  a license  therefor:  -provided , 
that  nothing  herein  shall  prohibit  any  person  from  selling  beef, 
or  other  fresh  meat,  by  the  quarter,  or  any  greater  quantity,  at 
any  time  or  place  in  said  city. 

1345.  License  Fee — Violation — Penalty.]  § 2.  The 

mayor  shall,  from  time  to  time,  grant  licenses  to  conduct  and 
carry  on  tne  business  of  butcher,  in  such  places  as  may  be 
designated  in  such  licenses,  but  not  elsewhere,  upon  the  pay- 
ment of  the  sum  of  twenty-five  dollars  per  annum  for  such 
license,  and  any  person  who  shall  carry  on  the  business  of  a 
butcher  as  aforesaid,  or  violate  any  of  the  provisions  of  this, 
or  the  preceding  section,  shall  forfeit  and  pay  a fine  of  not 
less  than  five  dollars  nor  more,  than  fifty  dollars  for  each 
offense. 

1346.  Cleanliness — Inspection — Right  of  Entering — 
Penalty.]  § 3.  Every  butcher  shall  keep  his  meat  market, 
stall,  or  store,  neat,  clean,  and  free  from  filth  of  all  kinds,  under 
a penalty  of  five  dollars,  and  the  officers  of  the  department  of 
health  shall,  at  all  times,  have  free  access  thereto,  under  a 
penalty  of  five  dollars,  to  be  paid  by  the  butcher,  or  other 
person  who  shall  resist  or  prevent  such  access. 

1347.  Revocation  of  Licenses.]  § 4.  If  any  butcher, 
or  vendor  of  meats,  shall  violate  any  of  the  provisions  of  this 
article,  or  any  ordinance  of  the  city,  in  relation  to  the  conduct 
of  his  business,  or  to  the  inspection  of  meat,  upon  convic  ion, 
his  license  shall  be  revoked  by  the  mayor. 

1348.  Butcher  Defined.]  § 5.  The  word  “butcher,” 
in  the  sense  used  in  this  article,  is  hereby  defined  to  mean  a 
vendor  of  all  fresh  meats,  except  venison,  poultry,  fish,  or 
wild  game. 


Cabs,  Hacks,  Carts,  Express  Wagons,  Etc.  545: 
ARTICLE  12. 

CABS,  HACKS.  CARTS,  EXPRESS  WAGONS,  ETC. 


Section. 

1349.  Carts,  etc.,  to  be  Licensed. 

1350.  Cabs,  Hacks,  etc.,  to  be  Licensed. 

1351.  License  Fee. 

1352.  Licensee’s  Number,  on  Vehicle. 

1353.  Licensee  Responsible  foi  Goods. 

1354.  Refusal  to  Convey— Penalty. 

1365.  Driver  to  be  with  Vehicle— Disord- 
erly Conduct — Penalty. 

1356.  License  Transferable. 

1357.  Carts,  etc.— Rate  of  Charge. 

1358.  Services  to  be  Rendered. 


Section. 

1359.  Cabs,  Hacks,  etc.— Rate  of  Charge. 

1360.  Baggage  to  be  carried  by  Hacks,  etc. 

1361.  Posting  Rates — Demanding  Unlaw- 

ful Fare— Penalty. 

1362.  Vehicles  Excepted  from  Ordinance. 

1363.  Without  a License — Penalty. 

1364.  Not  to  Stand  on  Water  Street. 

1365.  Stand  in  Front  of  Premiss— Consent 

of  Owner. 

1066.  Stand  for  Express  Wagons. 

1367.  Penalty. 


1349.  Carts — Etc. — to  be  Licensed.]  § 1.  That  no  per- 
son shall  charge,  receive,  or  demand  any  pay  for  the  hauling,  or 
transportation  of  any  article  of  personal  property  whatever,  in 
or  upon  any  wagon,  cart,  dray  or  other  vehicle,  nor  for  the 
hire  or  use  of  the  same,  within  the  limits  of  said  city,  without 
first  having  obtained  a license  so  to  do  as  hereinafter  provided. 

1350.  Cabs  — Hacks,  Etc.,  — to  be  Licensed.]  § 2. 

Every  vehicle  which  shall  be  kept  or  used  within  said  city  for 
the  purpose  of  carrying  persons  from  one  place  to  another 
through,  or  in  said  city  — . mail  stages  only  excepted  — or  from 
said  city  to  places  without  the  same,  or  from  places  without 
the  said  city  to  any  place  within  the  same,  for  hire  or  payment 
received  by  the  owner,  agent  or  driver  thereof,  is  hereby  de- 
clared and  taken  to  be  a hackney-carriage,  within  the  meaning 
of  this  article;  and  no  person  shall  keep  and  use  any  such 
hackney-carriage  in  said  city  for  hire  or  pay  for  the  purposes 
herein  sated,  without  first  having  obtained  a license  so  to  do, 
as  hereinafter  required. 

1351.  License  Fee.]  § 3.  Licenses  may  be  granted  for 
any  of  the  purposes  herein  specified  for  the  term  of  one  year 
for  the  sum  of  five  dollars,  and  no  license  shall  be  granted  for 
a shorter  term. 

36 


546 


Ordinances. 


1352.  Licensee’s  Number,  on  Vehicle  — Penalty.]  § 4. 

Every  wagon,  cart,  dray,  hackney-carriage  or  other  vehicle 
licensed  under  this  article,  shall  bear  its  number  as  registered, 
in  plain  and  conspicuous  figures,  at  least  two  inches  in  length, 
on  a metallic  plate,  which  figures  and  plate  shall  be  of  uniform 
color,  size  and  shape,  and  shall  be  furnished,  at  cost,  by  the 
city  clerk  to  the  persons  licensed;  the  said  number  shall  be 
placed  on  the  outside  of  the  near  shaft,  if  put  upon  a dray  or 
cart,  and  on  the  near  outside  of  the  body,  if  put  upon  a wagon, 
hackney-carriage,  or  other  vehicle,  and  when  the  vehicle  has 
no  body  upon  it,  the  number  shall  be  placed  upon  the  outside 
of  the  hind  axletree,  and  no  other  number  shall  appear  on  any 
such  vehicle;  and  any  person  who  shall  refuse  or  neglect  to 
keep  his  wagon,  cart,  dray,  hackney-carriage  or  other  vehicle 
numbered  with  the  number  furnished  to  him  by  the  clerk,  as 
herein  required,  or  if  he  shall  have  more  than  one  number  on 
the  same,  shall  forfeit  and  pay  the  sum  of  five  dollars,  and  the 
further  sum  of  five  dollars  for  every  day  he  shall  use  said 
wagon,  cart,  dray  or  other  vehicle,  without  having  the  same 
numbered  as  aforesaid. 

1353.  Licensee  Responsible  for  Goods.]  § 5.  The 

owners  of  vehicles,  and  all  persons  taking  out  license  under 
this  article,  shall  be  responsible  for  all  goods,  wares,  property 
and  merchandise  delivered  to  their  care  or  to  the  care  of  any 
driver  or  person  having  charge  of  any  licensed  wagon,  cart, 
dray,  hackney-carriage  or  other  vehicle. 

1354.  Refusal  to  Convey  — Penalty.]  § 6.  If  any  owner 
driver  or  person  in  charge  of  any  wagon,  cart,  dray,  hackney- 
carriage  or  other  vehicle,  licensed  as  aforesaid,  shall,  while  un- 
employed and  on  any  street  or  alley,  or  upon  the  public  land- 
ing, or  at  any  railroad  depot,  or  place  in  said  city,  refuse  to 
haul  a load  or  loads  for  any  person,  or  refuse  to  carry  any 
passengers  and  their  baggage,  who  shall  tender  to  him  the 
regular  fare  or  fee  therefor,  he  shall  forfeit  and  pay  the  sum 
of  five  dollars  for  each  offense. 


Cabs,  Hacks,  Carts,  Express  Wagons,  Etc.  547 

1355.  Driver  to  be  With  Vehicle — Disorderly  Conduct 
— Penalty.]  § 7.  Any  hackman,  cartman,  drayman,  or 
driver,  or  any  person  in  charge  of  any  omnibus,  baggage  or 
express  wagon,  or  other  vehicle  licensed  as  aforesaid,  who 
shall,  while  waiting  for  employment  on  any  stand,  or  at  any 
railroad  depot,  steamboat  or  other  landing,  or  elsewhere, 
leave  such  vehicle  except  for  the  purpose  of  getting  the  bag- 
gage, or  other  personal  property  of  the  person  employing 
him,  or  shall  snap,  crack  or  flourish  his  whip,  or  use  indecent 
or  profane  language,  or  be  guilty  of  boisterous  or  loud  talking 
or  shouting,  or  of  any  disorderly  conduct,  or  who  shall  vex, 
disturb,  importune,  annoy,  or  deceive  passengers,  travelers  or 
citizens,  or  obstruct  any  street,  or  sidewalk,  or  shall  refuse  to 
observe  and  obey  any  order  or  direction  of  the  mayor,  super- 
intendent of  police,  policeman,  magistrate,  alderman,  or  other 
conservator  of  the  peace  in  said  city,  which  may  be  given  for 
the  preservation  of  good  order  and  for  the  convenience  of  the 
public,  at  any  railroad  depot,  steamboat  or  other  landing,  or 
elsewhere,  shall  be  subject  to  a fine  not  exceeding  ten  dollars 
for  each  offense. 

1356.  License  Transferable.]  § 8.  That  licenses  issued 
under  this  ordinance  may  be  transferred  with  the  consent  of 
the  mayor;  but  in  all  such  cases  the  person  to  whom  the 
license  is  transferred  shall  have  the  same  registered  in  the 
clerk’s  office. 

1357.  Carts,  Etc. — Rate  of  Charges.]  § 9.  The  fee, 
or  charge,  allowed  to  teamsters,  draymen,  cartmen,  drivers  of 
express  wagons  and  other  vehicles,  licensed  under  this  article, 
shall  be  as  follows,  to-wit: 

First.  For  hauling  each  load  the  distance  of  four  blocks 
or  under,  the  sum  of  twenty-five  cents. 

Second.  For  hauling  each  load  over  four  blocks,  and  not 
exceeding  eight  blocks,  the  sum  of  thirty-five  cents 


54s 


Ordinances. 


Third.  For  hauling  each  load  over  eight  blocks,  and  not 
exceeding  twelve  blocks,  the  sum  of  fifty  cents. 

Fourth.  For  hauling  each  load  over  twelve  blocks  any- 
where in  the  city,  the  sum  of  seventy-five  cents. 

1358.  Services  to  be  Rendered.]  § 10.  That  the  ser- 
vices to  be  rendered  by  the  person  in  charge  of  a licensed 
wagon,  cart,  dray,  or  other  vehicle,  for  the  fee  herein  speci- 
fied, shall  include  the  loading,  hauling,  and  unloading  of  the 
property. 

1359.  Cabs,  Hacks,  Etc. — Rate  of  Charges.]  § ii. 

The  fee,  or  charge,  allowed  to  hackmen,  omnibus  drivers, 
and  others  engaged  in  carrying  and  conveying  passengers,  as 
contemplated  by  this  article,  shall  be  as  follows,  to- wit: 

First.  For  conveying  each  person  twelve  blocks  or  less, 
the  sum  of  twenty- five  cents;  and  for  conveying  each  child 
between  five  and  fourteen  years  of  age  the  same  distance,  the 
sum  of  fifteen  cents. 

Second.  For  conveying  each  person  all  distances  over 
twelve  blocks  within  the  city,  the  sum  of  fifty  cents;  and  for 
conveying  each  child  between  five  and  fourteen  years  of  age 
the  same  distance,  the  sum  of  twenty-five  cents;  but  for 
children  under  five  years  of  age  no  charge  shall  be  made. 

1360.  Baggage  to  be  Carried  by  Hacks,  Etc.]  § 12. 

Every  passenger  shall  be  allowed  to  have  conveyed  upon  any 
hack  or  omnibus,  or  other  vehicle  for  carrying  passengers, 
without  further  charge,  his  ordinary  traveling  baggage,  of 
every  such  passenger,  not  exceeding  twenty-five  pounds  in 
weight,  and  for  every  additional  twenty-five  pounds,  or  frac- 
tion thereof,  of  baggage,  the  owner  or  driver  of  such  hack, 
omnibus,  or  other  passenger  vehicle,  shall  be  permitted  to 
charge  and  receive  ten  cents,  for  all  distances  within  the  city. 

1361.  Posting  Rates — Demanding  Unlawful  Fare — 
Penalty.]  § 13.  A printed  copy  of  the  above  regulations 


Cabs,  Hacks,  Carts,  Express  Wagons,  Etc.  549 

and  charges  shall  be  posted  in  a conspicuous  place  in  each  and 
every  hack,  omnibus,  and  other  vehicle  used  for  the  carriage 
of  passengers;  and  if  any  owner,  driver  or  person  having 
charge  of  any  licensed  wagon,  cart,  dray,  hackney-carriage  or 
other  vehicle,  shall  charge,  receive  or  demand  any  higher  fee 
or  charge  than  is  allowed  by  this  article,'or  shall  fail  to  post 
up  said  schedule  of  charges,  he  shall  forfeit  and  pay  not  loss 
than  one  dollar  nor  more  than  ten  dollars  for  each  offense; 
and  the  mayor  may,  in  his  discretion,  forfeit  the  license  of  any 
person  convicted  of  a violation  of  this  section. 

1362.  Vehicles  Excepted  from  Ordinance.]  § 14. 

This  ordinance  shall  not  apply  to  wagons  and  other  vehicles 
kept  by  merchants  for  the  free  delivery  of  goods  sold  by  them, 
nor  to  the  owners  or  drivers  of  teams  coming  to  market,  who 
shall  transport,  for  hire  or  pay,  any  article  from  the  city  to 
any  place  without  the  same,  nor  to  the  hauling  or  transporta- 
tion of  brick,  sand,  lime,  mortar,  stone,  stone-coal,  coke,  wood, 
hay  and  straw,  nor  to  any  wagon,  cart,  dray  or  other  vehicle 
employed  on  any  public  improvement  of  said  city,  nor  to  any  of 
said  vehicles  employed  in  digging  cellars  and  foundations 
where  buildings  are  to  be  erected:  Provided,  that  said  vehicles 
are  not  used  for  other  purposes  of  hire. 

1363.  Without  a License — Penalty.]  § 15.  Any  per- 
son who  shall,  without  being  licensed  as  herein  required,  de- 
mand, charge  or  receive  any  sum  of  money,  or  other  valuable 
thing,  for  hauling  any  load  or  loads  of  personal  property,  or 
for  conveying  persons  as  contemplated  by  this  ordinance,  or 
for  the  hire  or  use  of -any  wagon,  cart,  dray,  hackney-carriage 
or  other  vehicle,  shall  forfeit  and  pay  not  less  two  dollars  nor 
more  than  ten  dollars  for  every  offense. 

1364.  Not  to  Stand  on  Water  Street.]  § 16.  That  it 
shall  not  be  lawful  for  any  owner,  driver  or  person  in  charge 
of  any  dray,  wagon  or  other  vehicle,  to  suffer  or  permit  the 
same  to  stand  or  remain  between  the  curbstone  and  the  rail- 


55o 


Ordinances. 


road  track  on  Water  street,  between  North  Fayette  and 
Bridge  streets,  longer  than  is  necessary  to  load  and  unload  the 
same. 

1365.  Stand  in  Front  of  Premises — Consent  of  Occu- 
pant.] § 17.  All  drivers  of  carts,  and  hackney-carriages 
in  said  city,  when  waiting  for  employment,  may  be  permitted 
to  stand  with  the  same  on  any  street  in  front  of  anv  building 
or  lot,  close  to  and  outside  of  the  gutter:  Provided , they  ob- 
tain the  consent  of  the  owner  or  occupant  of  such  building 
or  lot,  and  the  said  carts,  and  hackney-carriages,  shall  be  so 
arranged  as  to  occupy  as  little  space  as  practicable,  and  to 
create  no  inconvenience  or  annoyance  to  the  public  or  to  in- 
dividuals. 

1366.  Stand  for  Express  Wagons.]  § 18.  That  the 
southeasterly  side  of  Adams  street,  in  front  of  block  one, 
between  Hamilton  street,  and  the  upper  line  of  Main  street,  be, 
and  the  same  is  hereby,  designated  a*  a stand  for  express 
wagons  in  said  city;  and  all  drivers  and  owners  of  express 
wagons,  while  waiting  for  employment,  are  prohibited  from 
standing  at  any  other  place  in  said  city  without  first  having 
obtained  permission  from  the  city  council. 

1367.  Penalty.]  § 19.  That  any  person  violating  the 
provisions  of  either  of  the  three  preceding  sections  shall,  upon 
conviction,  forfeit  and  pay  not  less  than  one  dollar  nor  more 
than  fifty  dollars  for  every  offence. 


City  Employes. 


55i 


ARTICLE  13. 

CITY  EMPLOYES. 

Section. 

1368.  Lawful  Day’s  Work- 

1369.  Exceptions  to  Rule. 

1370.  Cases  of  Emergency 


Section. 

—Eight  Hours.  1371.  Saturday  Vacation. 

1372.  Excepted  Employes. 

—Extra  Pay. 


1368.  Lawful  Day’s  Work — Eight  Hours.]  § i.  Eight 
hours  of  labor,  between  six  o’clock  a.  m.  and  six  o’clock  p.  m., 
shall  be,  and  constitute  a full  and  legal  day’s  work  for  all  em- 
ployes performing  manual  labor  for  the  city  of  Peoria. 

1369.  Exceptions  to  Rule  ] § 2.  The  provisions  of  the 

preceding  section  shall  not  be  construed  to  apply  to,  or 
govern,  the  police  or  fire  departments,  or  any  department  or 
work  shop,  where  constant  operation  is  necessary. 

1370.  Cases  of  Emergency — Extra  Pay.]  § 3.  In  all 

cases  of  emergency  or  necessity,  superintendents,  foremen,  or 
others  in  authority,  are  hereby  authorized  to  work  their  em- 
ployes such  number  of  hours  as  such  necessity  or  emergency 
may  require;  but  for  all  lab<  r performed  in  excess  of  eight 
hours  in  one  day,  such  laborer  or  employe  shall  be  entitled  to 
and  shall  receive  extra  pay,  at  the  same  rate  which  he  receives 
for  a day’s  work. 

1371.  Saturday  Vacation.  ] § 4.  All  mechanics  and 

skilled  laborers  employed  by  the  several  departments  of  the 
city  government,  shall  be  permitted  to  cease  work  at  4 
o’clock  p.  m.  every  Saturday,  without  any  abatement  of  pay 
or  wages. 

1372.  Excepted  Employes.]  § 5.  The  preceding  sec- 
tion shall  not  be  construed  so  as  to  include  bridge  tenders, 
policemen,  firemen,  engineers,  stokers,  clerks,  or  other  laborers 
or  employes  whose  services  are  deemed  necessary  for  the  full 
day  by  the  heads  of  the  different  departments. 


552 


Ordinances. 


ARTICLE  14. 


CONCEALED  WEAPONS. 


Section. 

1373.  Concealed  Weapons  — Prohibition 


Section. 

1375.  Permit  to  Carry. 

1376.  License  Fee. 

1377.  License— Contents  of. 


of  — Penalty. 

1374.  Confiscation  of  Weapon. 


1373.  Concealed  Weapons  — Prohibition  of — Penalty.] 

§ 1.  It  shall  be  unlawful  for  any  person  within  the  limits  of 
the  city  to  carry  or  wear  under  his  clothes,  or  concealed  about 
his  person,  any  pistol,  colt,  or  slung  shot,  cross  knuckles  or 
knuckles  of  lead,  brass  or  other  metal,  or  bowie  knife,  dirk 
knife,  or  dirk,  razor,  or  dagger,  or  any  other  dangerous  or 
deadly  weapon;  or  to  display  or  flourish  any  such  weapon  in 
a boisterous  or  threatening  manner,  and  every  person  guilty 
of  a violation  of  this  section  shall,  upon  conviction,  be  fined 
not  exceeding  the  sum  of  one  hundred  dollars;  'provided , that 
the  provisions  of  this  section  shall  not  be  held  to  apply  to  any 
policeman,  constable,  or  other  peace  officer,  while  in  the  dis- 
charge of  his  duty,  nor  to  any  person  summoned  by  any  such 
officer  to  aid  him  in  making  an  arrest  or  preserving  the  peace. 

1374.  Confiscation  of  Weapon.]  § 2.  Any  such  wea- 
pon, or  weapons,  duly  adjudged  by  any  police  magistrate  or 
justice  of  the  peace  of  said  city  to  have  been  worn  or  carried 
by  any  person  in  violation  of  the  preceding  section  of  this  arti- 
cle, shall  be  forfeited  or  confiscated  to  the  city  of  Peoria,  and 
upon  the  trial  of  any  person  for  a violation  ot  the  preceding 
section  of  this  article,  the  magistrate  before  whom  such  trial 
takes  place  shall  enter  up  such  forfeiture  as  part  of  the  judg- 
ment and  penalty  for  any  such  violation. 

1375-  Permit  to  Carry.]  § 3.  The  mayor  may  grant 
to  so  many  and  such  persons  as  he  may  think  proper,  licenses 
to  carry  concealed  weapons,  and  may  revoke  any  and  all  such 
licenses  at  his  pleasure. 


Concealed  Weapons. 


553 


1376.  License  Fee.]  § 4.  Applications  for  such  licenses 
shall  be  made  to  the  mayor,  and  when  granted,  the  person 
applying  therefor  shall  pay  to  the  city  clerk  the  sum  of  two 
dollars,  and  thereupon  a license  shall  be  issued  by  the  city 
clerk,  and  signed  by  the  mayor  and  countersigned  by  the 
comptroller. 

1377-  License — Contents  of.]  § 5.  Every  such  license 
shall  state  the  name,  age,  occupation  and  residence  of  the  per- 
son to  whom  it  is  granted,  and  every  such  license  shall  expire 
on  the  thirtieth  day  of  April  next  following. 

ARTICLE  15. 

DOGS. 

Section. 

1378.  Report  and  Registration  for  License. 

1379.  Collar— License  Tag— Registration — 

Penalty. 

1380.  City  Clerk — Duties. 

1381.  Proclamation  to  Muzzle. 

1382.  Impounding. 

1383.  Poundmaster— Register  and  Notice  to 

Licensee. 

1384.  Notice  to  Owner. 

1383.  Redemption  from  Pound. 

1386.  Dog  Not  Redeemed  — Sold  or  De- 

stroyed. 

1387.  Poundmaster’s  Fee. 


Section. 

1388.  Police  May  Slay  Vicious  Dogs  at 

Large. 

1389.  Unlawful  to  Kill  Dog,  When — Pen- 

alty. 

1390.  Poisoning  Dog  Unlawful— Penalty. 

1391.  Dog  Not  Molested,  When— Penalty. 

1392.  Removal  of  License  Tag  or  Muzzle- 

Penalty. 

1393.  Fierce  or  Dangerous  Dog  at  Large- 

Penalty. 

1394.  Dangerous  Dog — Trial — Judgment — 

Execution — Penalty. 

1395.  Bitch  in  Heat— at  Large— Penalty. 

1396.  Dog  Defined. 


1378,  Report  and  Registration  for  License — Penalty.] 

§ 1.  Every  owner  of,  or  person  who  harbors  or  keeps,  a dog 
within  the  limits  of  this  city,  shall  report  to  the  city  clerk  an- 
nually, within  thirty  days  after  the  first  day  of  May  in  each 
year,  his  or  her  name  and  address,  and  shall  give  the  name, 
breed,  color  and  sex  of  each  and  every  dog  owned,  kept  or 
harbored  by  such  person,  and  shall  pay  to  such  officer  the  sum 
of  two  dollars  for  each  and  every  dog,  and  cause  such  dog,  or 
dogs,  to  be  registered  for  license. 

1379.  Collar — License  Tag — Registration.]  § 2.  Every 
dog  shall  be  provided  by  its  owner,  or  keeper,  with  a leather 
or  chain  collar,  to  which  a license  tag  shall  be  securely  fast- 


554 


Ordinances. 


ened,  and  every  dog  shall  be  muzzled,  if  so  ordered,  as  here- 
inafter provided.  No  dog  shall  be  permitted  to  remain  within 
the  limits  of  the  city  of  Peoria,  unless  the  owner,  or  keeper, 
thereof,  shall  have  caused  such  dog  to  be  registered  and 
licensed,  and  provided  with  such  collar  and  tag,  and  be  muz- 
zled if  so  ordered,  and  any  owner  of  or  keeper,  of  a dog  fail- 
ing to  procure  a license  for  the  same,  or  to  muzzle  such  dog  if 
required,  shall  be  subject  to  a fine  of  five  dollars  for  every 
such  offense. 

1380.  City  Clerk — Duties.]  § 3.  The  city  clerk  shall 
keep  a complete  registry,  in  a book  to  be  kept  for  that  pur- 
pose, of  all  licensed  dogs,  describing  the  same  by  name,  breed, 
color  and  sex,  and  shall  also  enter  the  name  and  address  of 
the  owner  or  keeper  as  given,  and  the  number  of  the  city 
license  tag. 

He  shall  provide,  each  and  every  year,  such  number  of 
metal  tags  as  may  be  necessary  (the  shape  to  be  changed 
each  year),  having  stamped  thereon  the  year  for  which  the 
tax  is  paid,  and  also  the  number  of  the  tag,  and  it  shall  be  the 
duty  of  the  city  clerk  to  deliver  one  of  such  tags,  numbered  to 
correspond  with  the  number  of  the  registry  of  the  dog,  to  the 
person  having  paid  the  tax  upon  any  such  dog. 

1381.  Proclamation  to  Muzzle.]  § 4.  Whenever  the 
mayor  shall  deem  it  necessary,  he  shall  issue  an  order  prohib- 
iting for  a certain  time  therein  specified,  all  dogs  from  run- 
ning at  large  on  any  street,  alley  or  other  public  place,  within 
the  city,  unless  such  dogs  be  securely  muzzled,  or  led  by  a 
chain  or  line,  so  as  to  effectually  prevent  them  from  biting  any 
person  or  animal,  which  order  shall  be  published  twice,  in  at 
daily  newspaper  of  general  circulation  in  the  city  of  Peoria. 

1382.  Impounding.]  § 5.  It  shall  be  the  duty  of  the 
superintendent  of  police,  and  of  all  policemen,  and  of  the 
pound-keeper  of  the  city  of  Peoria  to  take  up  and  impound 
in  the  city  pound  (notice  of  which  place  shall  be  given  once 


Dogs. 


555 


each  year  by  publication,  for  at  least  five  days,  in  some  daily 
newspaper  of  the  city  of  Peoria  of  general  circulation)  any  dog 
found  running  at  large  in  the  city  of  Peoria,  contrary  to  the 
provisions  of  any  ordinance,  or  of  any  order  issued  by  the 
mayor  as  herein  provided. 

1383-  Poundmaster  — Register  and  Notice  to  Li- 
censees. | § 6.  The  city  poundmaster  shall,  immediately 

upon  receiving  any  dog  at  the  pound,  make  a registry  of  the 
same,  enter  the  breed,  color  and  sex,  and  whether  licensed  or 
not,  if  ascertained,  and  if  licensed,  he  shall,  if  known,  enter  the 
name  and  address  of  the  owner  or  keeper,  and  the  number  of 
the  license  tag,  if  any,  and  shall  keep  licensed  dogs  separated 
from  unlicensed  dogs.  He  shall  ascertain  from  the  register  in 
the  office  of  the  city  clerk  the  owner  or  keeper  of  any  licensed 
dogs  impounded,  and  shall  forthwith  give  notice,  through  the 
postoffice,  to  the  owner  or  keeper  of  any  such  licensed  dog,  of 
such  dog  being  impounded. 

1384-  Notice  to  Owner.]  § 7.  The  poundmaster  shall 
give  notice  by  mail  to  the  owner  or  keeper  of  every  dog  im- 
pounded, if  he  can  ascertain  the  owner  or  keeper  thereof, 
whether  the  same  be  licensed  or  not,  and  if  any  dog,  not 
known  or  identified  as  a licensed  dog,  shall  not  be  redeemed 
within  five  days  after  being  taken  up,  such  dog  shall  be  de- 
stroyed, under  the  direction  of  the  superintendent  of  police; 
and  if  any  impounded  dog,  known  or  identified  as  being  a 
licensed  dog,  shall  not  be  redeemed  from  the  pound,  within 
five  days  after  the  mailing  of  the  notice  hereinbefore  required 
to  the  owner  or  keeper  thereof,  said  poundmaster  shall  adver- 
tise in  a daily  newspaper  of  general  circulation  in  this  city, 
such  unredeemed  license  dog,  and  if  such  dog  be  not  redeemed 
at  the  expiration  of  the  fifth  day  after  such  advertising,  such 
dog  shall  then  be  destroyed. 

1385-  Redemption  from  Pound.]  §>  8.  For  every  dog 
taken  up  and  confined  in  the  pound,  as  provided  in  this  ordi- 


556 


Ordinances. 


nance,  for  which  no  license  tax  has  been  paid,  a redemption 
fee  of  one  dollar,  together  with  the  amount  of  the  tax,  shall  be 
paid  to  the  city  clerk  for  the  use  of  the  city;  and  upon  pro- 
curing the  certificate  of  the  city  clerk,  stating  that  said  amount 
has  been  paid,  and  paying  to  the  poundmaster  his  fees  herein- 
after provided,  then  any  such  dog  shall  be  released  from  the 
pound.  Every  licensed  dog  taken  up  and  confined  in  the 
pound,  as  provided  in  this  ordinance,  may  be  redeemed  by  the 
owner  or  keeper  thereof,  at  any  time  within  five  days  after 
the  same  shall  have  been  advertised,  as  herein  provided,  by 
paying  to  the  poundmaster  the  amount  of  his  fees  as  herein- 
after provided. 

1386-  Dog  Not  Redeemed — Sold  or  Destroyed.]  §9 

Whenever  any  dog,  taken  up  and  confined  in  the  pound,  shall 
not  be  redeemed  as  provided  in  the  preceding  section  within 
the  time  therein  prescribed,  then  the  same  shall  be  sold  or  de- 
stroyed ; provided , that  when  any  such  purchaser  of  any  such 
dog  from  the  poundkeeper  shall  intend  to  keep  the  same 
within  the  limits  of  said  city,  he  shall  pay  the  license  tax  and 
procure  a tag  for  such  dog  before  he  takes  such  dog  out  of 
the  pound. 

1387-  Poundmaster’s  Fees.]  § 10.  The  fees  of  the 
poundmaster  for  impounding  dogs  shall  be  as  follows: 

For  taking  up  and  impounding  each  dog,  fifty  cents. 

For  keeping  each  dog,  twenty  cents  per  day. 

For  giving  notice  to  owner  by  mail,  ten  cents. 

For  advertising  each  dog,  the  reasonable  cost  thereof, 

1388-  Police  May  Slay  Vicious  Dogs  at  Large.]  § 11. 

All  dogs  found  running  at  large  in  said  city,  contrary  to  the 
provisions  of  this  article,  whether  owned  or  kept  within  or 
without  the  city,  shall  be  destroyed  by  the  superintendent  of 
police,  or  any  person  appointed  by  him  for  such  purpose,  or 
by  any  policeman;  provided , that  such  dog  cannot  be  safely 
taken  up  and  impounded. 


Dogs. 


557 


1389-  Unlawful  to  Kill  Dog — When — Penalty.]  § 12. 

It  shall  not  be  lawful  for  any  officer  of  the  city,  or  other  person, 
to  kill  or  attempt  to  kill  any  dog,  within  the  limits  of  said  city, 
except  at  the  dog  pound  and  under  the  direction  of  the  super- 
intendent of  police,  unless  said  dog  cannot  be  safely  taken  up 
and  impounded,  and  any  person  violating  this  section  shall 
upon  conviction  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  every  offense. 

1390-  Poisoning  Dog  — Unlawful  — Penalty.]  § 13. 

It  shall  not  be  lawful  for  any  officer  of  the  city,  or  other  per- 
son, to  kill,  or  attempt  to  kill  any  dog  or  other  domestic  ani- 
mal by  poison  within  said  city,  or  to  place  or  leave  any  poison 
or  poisoned  substance  in  any  place  within  the  city  of  Peoria, 
where  any  domestic  animal  is  likely  to  find  and  eat  the  same, 
and  any  person  violating  this  section  shall  upon  conviction  be 
fined  no  less  than  five  dollars  nor  more  than  one  hundred 
dollars. 

1391-  Dog  Not  Molested  — When — Penalty.]  § 14. 

No  dog  shall  be  subject  to  molestation  under  this  ordinance,  or 
under  any  order  of  the  mayor,  while  on  the  premises  of  its 
owner  or  keeper,  and  any  officer  of  this  city  or  other  person, 
who  shall  invade  private  premises  to  capture  a dog,  or  who 
shall  entice,  or  take  any  dog  out  of  the  enclosure  of  the  pos- 
sessor of  such  dog,  or  who  shall  molest  or  seize  any  dog  while 
led  or  held  by  a line  or  chain  by  any  person,  or  who  shall  bring 
to  the  city  any  dog  for  the  purpose  of  taking  up  or  impound- 
ing the  same,  shall,  on  conviction,  be  fined  in  a sum  of  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars  for  every 
such  offense. 

1392-  Removal  of  License  Tag  or  Muzzle  — Penalty. 

§ 15.  Whoever  shall,  without  the  consent  of  the  owner  or 
keeper  of  any  licensed  dog,  take  away  or  remove  the  collar  or 
license  tag  or  muzzle  from  any  dog,  for  which  a license  tax 
has  been  paid;  and  whoever  shall  wantonly  or  unnecessarily, 


558 


Ordinances. 


beat,  injure,  cripple,  or  otherwise  maltreat  any  dog,  shall  be 
subject  to  a penalty  of  not  exceeding  fifty  dollars  for  each  and 
every  such  offense. 

1393.  Fierce  or  Dangerous  Dog  at  Large — Penalty.] 

§ 16.  Any  owner,  or  keeper  of  any  fierce  or  dangerous  dog, 
who  shall  knowingly  permit  or  allow  the  same  to  run  at  large, 
whether  registered  or  licensed  as  aforesaid  or  not,  to  the 
danger,  annoyance  or  injury  of  any  person  within  said  city, 
shall  be  subject  to  a penalty  of  five  dollars  for  the  first  offense, 
and  to  a further  penalty  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  any  subsequent  offense ; and  it  may  be  a 
part  of  the  judgment,  upon  such  second  or  further  conviction, 
that  such  fierce  and  dangerous  dog  be  killed,  and  this  judgment 
shall  be  forthwith  executed  under  the  direction  of  the  superin- 
tendent of  police,  for  which  killing  the  owner  or  keeper  shall 
pay  the  further  sum  of  one  dollar,  which  sum  shall  be  included 
in  said  judgment. 

1394.  Dangerous  Dog — Trial — Judgment — Execution 
— Penalty.]  § 17.  Whenever  complaint  shall  be  made  under 
oath  and  filed  with  any  justice  of  the  peace  or  police  magis- 
trate, setting  forth  that  any  dog  has,  in  any  manner,  disturbed 
the  quiet  of  any  person  or  neighborhood,  or  has  bitten  a person 
within  the  city  of  Peoria,  and  that  the  person  so  bitten  was  not 
at  the  time  trespassing  upon  the  person  or  property  of  the 
owner  or  keeper  of  such  dog,  the  justice  of  the  peace  or  police 
magistrate  shall  issue  a warrant  against  the  owner  or  keeper  of 
such  dog,  and  upon  the  return  of  such  warrant  the  justice  of  the 
peace  or  police  magistrate  shall  proceed  to  hear  and  determine 
the  matter,  and  if  upon  such  hearing  it  shall  appear  that  such 
dog  has  so  disturbed  any  person  or  neighborhood,  or  that  such 
dog  has  bitten  some  person  within  the  city  of  Peoria  and  that 
the  person  bitten  by  such  dog  was  not  at  the  time  trespassing 
upon  the  person  or  property  of  the  owner  or  keeper  of  such 
dog,  the  justice  of  the  peace  or  police  magistrate  shall  order 


Dogs. 


559 


said  dog  to  be  removed  or  killed,  and  shall  issue  an  order  to 
the  owner  or  keeper  of  such  dog  to  remove  or  kill  the  same 
within  twenty-four  hours  from  the  time  of  receiving  a copy  of 
such  order. 

The  owner  or  keeper  of  any  such  dog,  who  shall  refuse  or 
neglect  to  remove  or  kill,  or  cause  such  dog  to  be  removed  or 
killed,  within  twenty-four  hours  after  having  received  a copy 
of  said  order  from  the  justice  of  the  peace  or  police  magistrate, 
as  aforesaid,  shall  be  fined  the  sum  of  twenty-five  dollars,  and 
the  further  sum  of  twenty-five  dollars  for  every  twenty-four 
hours  thereafter  until  such  dog  shall  be  removed  or  killed. 

It  shall  be  the  duty  of  anv  p dice  officer  to  kill  said  dog 
whenever  it  shall  be  found  at  large  in  said  city,  twelve  hours 
after  the  service  of  a copy  of  such  order  on  the  owner  or 
keeper  of  such  dog. 

The  owner  or  keeper  of  any  such  dog  so  adjudged  to  be  re- 
moved or  killed  as  aforesaid,  shall  be  adjudged  to  pay  the 
costs  of  any  such  proceeding  before  any  justice  of  the  peace 
or  police  magistrate,  and  such  proceeding  shall  be  tried  in  like 
manner  as  other  suits  before  a justice  of  the  peace. 

1395.  Bitch  in  Heat — At  Large — Penalty.]  § 18.  Any 
owner  or  keeper  of  any  bitch,  who  shall  knowingly  permit  or 
allow  the  same  to  run  at  large  while  in  heat,  whether  she  be 
registered  or  licensed  as  aforesaid  or  not,  shall  be  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  be  fined  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars  for  every  such 
offense. 

1396.  “Dog”  Defined.]  § 19.  The  word  dog,  when- 
ever used  in  this  ordinance,  shall  be  intended  to  mean  a female, 
as  well  as  a male  dog. 


Ordinances. 


560 


ARTICLE  16. 


ELECTION CONTEST  OF MOW  CONDUCTED. 


Section. 

1397.  Aldermen— Who  May  Contest  Elec- 

tion. 

1398.  City  Council,  Triers. 

1399.  Verified  Statement  of  Points  of  Con- 

test. 

1400.  Notice  to  Opponent. 

1401.  Depositions,  When  and  How  Taken. 

1402.  Proofs  Closed  and  Filed  Within  60 

Days. 


Section. 

1403.  Testimony  Limited. 

1404.  Proceedings  in  Council. 

1405.  Election  When  Void. 

1406.  Recount  of  Ballots. 

1407.  Ballots  Not  to  be  Destroyed,  When. 

1408.  Witnesses — Subpoenas  for. 

1409.  Duty  of  Police, 

1410.  Witness — Non-Attendance— Penalty. 


1397.  Aldermen — Who  May  Contest  Election.]  § i. 

The  election  of  any  alderman  may  be  contested  by  any  elector 
of  the  city,  and  the  proceeding  shall  be  in  accordance  with  the 
general  laws  of  the  State  regulating  the  mode  of  contesting 
the  election  of  county  officers,  so  far  as  the  same  may  be  ap- 
plicable. 

1398.  City  Council — Triers.]  § 2.  The  city  council 
shall  be  the  tribunal  before  which  such  contest  shall  be  heard, 
and  their  decision  shall  be  final. 

1399-  Verified  Statement  of  Points  of  Contest.]  § 3. 

When  any  person  shall  desire  to  contest  the  right  of  another 
to  hold  the  office  of  alderman,  to  which  such  person  claims 
the  right,  he  shall  within  thirty  days  after  the  person  whose 
election  is  contested,  has  received  his  certificate  of  election, 
file  with  the  city  clerk  a statement  in  writing,  briefly  setting 
forth  the  points  on  which  he  will  contest  such  election,  which 
statement  shall  be  verified  by  affidavit. 

1400.  Notice  to  Opponent.  | § 4.  Upon  filing  such 

statement,  said  contestant  shall  also  serve  a copy  thereof  upon 
the  person  whose  election  he  intends  to  contest,  and  in  case 
he  is  absent,  or  can  not  be  found,  then  by  leaving  a copy  of 
said  statement  at  ccntestee’s  usual  place  of  residence. 


Election. 


56r 

1401.  Depositions — When  and  How  Taken.]  § 5. 

Whenever  said  statement  shall  have  been  filed  and  served  as 
aforesaid,  it  shall  be  the  duty  of  the  city  council,  upon  the  ap- 
plication of  either  party,  to  fix  the  time  and  place  for  taking 
the  depositions  of  witnesses,  when  either  party  may  proceed 
to  take  the  testimony  of  any  witness,  in  the  manner  and  as 
provided  for  taking  deposition  to  be  used  in  cases  in  chancery, 
before  any  judge,  justice  of  the  peace,  master  in  chancery,  or 
notary  public,  at  the  time  and  place  so  fixed,  and  continue  the 
same  from  day  to  day  thereafter,  until  all  the  testimony  shall 
have  been  taken. 

1402.  Proofs  Closed  and  Filed  Within  60  Days.]  § 6. 

In  all  cases  of  contested  elections,  the  proofs  shall  be  taken 
and  filed  with  the  city  clerk  within  sixty  days  from  the  day 
fixed  by  the  city  council  for  taking  the  same:  Provided , that 
the  city  council  may,  from  time  to  time,  upon  sufficient  cause 
shown,  extend  the  time  for  taking  *and  filing  said  proofs. 

1403.  Testimony  Limited.  J § 7.  No  testimony  shall 
be  taken,  or  produced  on  the  hearing  before  the  city  council, 
except  upon  the  points  set  forth  in  the  said  statement  required 
to  be  filed  with  the  city  clerk  and  served  upon  the  respondent. 

1404.  Proceedings  in  Council.]  § 8.  When  all  the 
evidence  shall  have  been  taken  as  aforesaid,  the  same  shall  be 
forthwith  filed  in  the  office  of  the  city  clerk,  who  shall,  with- 
out delay,  lay  the  same  before  the  city  council,  and  the  city 
council  shall  immediately  refer  the  same  to  some  appropriate 
committee  to  investigate  and  report  upon;  which  report  shall 
be  made  by  said  committee  to  the  city  council,  not  later  than 
the  next  regular  meeting  thereafter,  and,  upon  the  re- 
port of  such  committee  being  made,  the  council  shall  decide 
the  same  according  to  the  rights  of  the  matter,  and  shall  de- 
clare as  elected  the  person  who  shall  appear  by  the  evidence 
to  have  been  elected.  The  council  may  require  all  the  testi- 
mony and  proofs  taken  to  be  read  in  open  council. 

37 


562 


Ordinances. 


1405-  Election — When  Void.]  § 9.  Whenever  it  shall 
appear  in  any  case,  that  the  person,  receiving  the  highest  num- 
ber of  votes,  is  ineligible  to  the  office,  because  of  any  legal  dis- 
qualifications it  shall,  for  that  reason,  be  the  duty  of  the  council 
to  declare  said  election  to  be  null  and  void  and,  immediately, 
call  a special  election  to  fill  said  office. 

1406-  Recount  of  Ballots.]  § 10.  In  all  cases  of  con- 
tested elections  either  party  shall  have  the  right  to  have  the 
package,  or  packages  of  ballots  which  have  been  returned  to 
the  city  clerk,  as  required  by  law,  opened  in  the  presence  of 
a committee  of  the  city  council,  and  of  the  person  having  the 
custody  thereof,  and  to  have  said  ballots  counted,  or  the  same 
may  be  brought  into  open  council,  and  then  and  there  counted 
by  a committee  of  three  persons  appointed  for  that  purpose. 

1407.  Ballots  Not  to  be  Destroyed — When.]  § 11. 

The  city  clerk  shall  carefully  preserve  all  ballots  returned  to 
him  by  the  judges  of  any  city  election,  for  six  months  there- 
after, and  at  the  expiration  of  that  time  he  shall  destroy  the 
same  by  burning,  under  the  direction  of  the  city  council: 
Provided , that  if  anv  contest  of  election  shall  be  pending  at 
such  time,  in  which  such  ballots  may  become  material  as  evi- 
dence, such  ballots  shall  not  be  destroyed  until  such  contest  is 
finally  determined. 

1408-  Witnesses  — Subpoenas  for.]  § 12.  All  sub- 
poenas for  witnesses  in  any  contested  election  shall  be  issued 
by  the  city  clerk,  stating  the  time  and  place  for  the  attendance 
of  any  such  witness,  and  the  same  may  be  served  by  the 
superintendent  of  police,  or  any  member  of  the  police  force  or 
any  other  person. 

1409.  Duty  of  Police.]  § 13.  It  shall  be  the  duty  of 
the  superintendent  of  police  to  cause  all  subpoenas  in  any  such 
contested  election  to  be  promptly  served  upon  any  witness 
whose  attendance  is  required. 


Electric  Lights  and  Motors.  563 

1410.  Witness — Non-Attendance — Penalty.]  § 14. 

Any  person  who  has  been  served  with  any  subpoena,  in  any 
such  contested  election,  who  shall  fail  or,  neglect  to  attend  at 
the  time  and  place  mentioned  in  such  subpoena  and  there  re- 
main until  his  testimony  can  be  taken,  or  who  refuses  to  testify, 
or  who  avoids  the  service  of  any  such  subpoena  upon  him, 
shall  be  subject  to  a fine  of  not  less  than  five  dollars,  nor  more 
than  one  hundred  dollars;  and  each  refusal  to  testify  or  failure 
to  attend,  shall  be  deemed  a separate  and  distinct  offense. 

ARTICLE  17. 

ELECTRIC  LIGHTS  AND  MOTORS. 


Section. 

1411.  Inspection — Certificate. 

1412.  City  Electrician— Inspection — Appro- 

val. 

1413.  Requirements  Before  Approval. 

1414.  Inspection  Fee. 

1415.  Record  of  Examination. 


Section. 

1416.  Plant  Not  Altered,  Save  on  Inspec- 

tion. 

1417.  Penalty. 

1418.  Electric  Lights,  Towers,  Poles,  etc. — 

Injury  to — Penalty. 


1411.  Inspection — Certificate.]  § 1.  No  electric  light 
lamps  shall  be  used  for  lighting  any  building  or  any  part 
thereof,  in  this  city,  by  electricity,  and  no  electric  motor  shall 
be  used  for  power,  in  this  city,  unless  a certificate  of  inspec- 
tion shall  first  be  procured  from  the  city  electrician. 

1412,  City  Electrician — Inspection — Approval.]  § 2. 

In  addition  to  the  duties  now  required  of  him,  the  city  electri- 
cian shall  have  power  and  it  shall  be  his  duty,  on  proper  appli- 
cation, to  inspect  any  wires  placed  in  buildings  in  this  city  and 
used  or  designed  to  be  used  therein  as  conductors  of  electri- 
city, for  the  purpose  of  lighting  the  same  or  any  portion 
thereof,  or  for  the  purpose  of  power,  by  making  a careful  ex- 
amination of  such  wires  and  of  their  insulation  and  location, 
and  if  the  same  are  approved  by  him,  he  shall  make  and  de- 
liver to  the  person  for  whom  such  inspection  was  made,  upon 


564 


Ordinances. 


payment  of  the  fees  hereinafter  mentioned,  a certificate  of  such 
inspection,  which  shall  contain  the  date  of  inspection  and  a 
general  description  of  the  result  of  such  examination. 

1413.  Requirements  Before  Approval.  § 3.  No  cer- 
tificate of  such  inspection  and  approval  shall  be  made  or 
granted  unless  each  electric  plant  shall  present  the  following 
requirements:  All  wires  used  in  connecting  lamps,  motors, 

generators  and  other  necessary  appliances,  must  have  a con- 
ductivity at  least  equal  to  the  No.  six  (6)  copper  wire,  (Amer- 
ican guage),  except  branch  wires  leading  to  incandescent 
lamps,  which  may  have  one-tenth  the  above  conductivity, 
Provided , some  approved  automatic  device  is  introduced  into 
the  circuit,  that  will  interrupt  any  excess  of  current  passing 
into  said  branch  circuits.  Continuous  wire  shall  be  used  as  far 
as  possible,  and  when  necessary  to  make  joints,  they  must  be 
made  in  a manner  to  insure  perfect  and  durable  contact.  All 
wires  must  be  insulated  and  covered  with  non-inflamable  ma- 
terial, and  where  running  along  walls  and  ceilings  must  be 
fastened  on  solid  insulation  in  such  manner  as  to  leave  the 
wires  at  least  one-half  inch  from  the  solid  wall  or  ceiling.  Gen- 
erators, motors,  lamps  and  other  appliances  must  be  so 
mounted  and  secured  so  as  to  be  completely  and  continuously 
insulated  from  the  ground.  Each  circuit  connected  and  placed 
in  position,  must  show  an  insulation  resistance  between  the 
ground  of  not  less  than  one  megohm.  Ground  circuit  will  not 
be  permitted.  All  wires  must  be  separated  from  each  other 
by  a distance  of  at  least  one  foot  for  arc  lights  and  motors,  and 
two  and  one-half  inches  for  incandescent  lights.  Branch  wires 
leading  to  incandescent  lamps  may  be  grouped  when  required, 
Provided , only  positive  or  negative  wire  enter  the  same  group. 
Whenever  wires  are  connected  through  walls,  floors  or  parti- 
tions, or  cross  another  they  must  be  surrounded  by  a solid  in- 
sulated substance.  Exposed  portions  of  generators,  lamps 
and  motors  must  be  protected  by  appropriate  screens,  so  as  to 


Electric  Lights  and  Motors.  565 

prevent  accidental  contact  with  exterior  objects.  Arc  lights 
must  be  provided  with  glass  globes,  inclosed  at  the  bottom  so 
as  to  prevent  the  fall  of  ignited  particles;  in  show  windows,  or 
other  places,  where  inflamable  materials  are,  the  lamps  must 
be  provided  with  spark  arresters  placed  at  the  top  of  the 
globes,  and  such  other  and  different  requirements  as  shall  be 
at  least  equivalent  in  safety  to  those  above  mentioned. 

1414.  Inspection  Fee.J  § 4.  Said  city  electrician  shall 
charge  and  collect  a fee  of  two  dollars  for  the  inspection  of  all 
motors  of  five-horse  power  or  less,  and  five  dollars  for  the  in- 
spection of  all  other  motors;  for  the  inspection  of  lights  he 
shall  charge  a fee  of  one  dollar  for  ten  lights  or  any  less  num- 
ber; two  dollars  for  any  number  exceeding  ten  lights  and  not 
exceeding  twenty-five  lights;  and  one  dollar  for  every  fifty 
lights  in  any  one  building  in  excess  of  twenty-five. 

1415.  Record  of  Examination.]  § 5.  It  shall  be  the 
duty  of  the  city  electrician  to  keep  a record  of  the  examination 
made  by  him,  pursuant  to  the  provisions  of  this  ordinance,  and 
for  whom  made,  and  make  a report  of  the  same  to  the  city 
comptroller  on  the  first  day  of  each  month,  and  pay  over  all 
fees  so  received,  to  the  City  Treasurer. 

1416-  Plant  Not  Altered,  Save  on  Inspection.]  § 6. 

No  alteration  shall  be  made  in  the  plant  after  inspection  with- 
out first  notifying  the  city  electrician,  and  subjecting  the  plant 
to  inspection,  subject  to  the  provisions  of  this  ordinance. 

1417.  Penalty.]  § 7-  Any  person  who  shall  use  any 
electric  light  lamp,  or  electric  motor,  within  the  city  of  Peoria, 
without  first  having  the  same  inspected  and  approved  in  ac- 
cordance with  the  provisions  of  this  ordinance,  or  in  violation 
of  any  of  the  provisions  of  this  ordinance,  shall,  upon  convic- 
tion, be  fined  not  less  than  fifty  dollars,  nor  more  than  one  hun- 
dred dollars,  and  shall  be  subject  to  a like  penalty  for  each  day 
during  which  he  shall  continue  such  violation. 


566 


Ordinances. 


1418.  Electric  Lights — Towers — Poles,  Etc. — Injury  to 
— Penalty.]  § 8.  Any  person  breaking,  mutilating,  ob- 
structing, injuring,  or  in  any  way  interfering  with  any  public 
electric  light,  or  with  any  tower,  pole,  or  other  support  or  ap- 
paratus connected  with  any  such  light,  within  said  city,  shall 
be  liable  to  a penalty  of  ten  dollars  for  each  offense. 

ARTICLE  18. 

FERRIES. 


Section. 

1419.  Ferries  to  be  Licensed — Penalty. 

1420.  License  from  City  Council — Restric- 

tions. 

1421.  Must  Ferry  Upon  Application— Pen- 

alty. 


Section. 

1422.  Rate  of  Charges. 

1423.  Rates  to  be  Posted. 

1424.  Injury  to  Ferry  Boat — Penalty. 

1425.  Money  from  Licenses  Part  of  Harbor 

Fund. 


1419.  Ferries  to  be  Licensed — Penalty.]  § 1.  That  it 
shall  not  be  lawful  for  any  person  to  establish,  keep,  or  main- 
tain a ferry  across  the  Illinois  River  or  Lake  Peoria,  to  and 
from  any  point  within  the  limits  of  said  city,  or  keep  and  use 
any  boat  or  other  craft  for  the  purpose  of  conveying  any  pas- 
sengers or  property  as  aforesaid,  for  hire  or  profit,  without 
first  having  obtained  a license  from  said  city,  as  hereinafter 
provided ; and  any  person  who  shall  violate  this  section  shall 
forfeit  and  pay  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars  for  every  offense. 

1420-  License  from  City  Council — Restrictions.]  § 2. 

That  any  person  who  may  wish  to  obtain  a license  to  keep  a 
ferry  within  said  city  shall  apply,  in  writing,  for  the  same  to 
the  city  council,  setting  forth  the  place  where  such  ferry  is 
proposed  to  be  established,  and  for  what  length  of  time  said 
license  is  desired;  and  thereupon  said  council  may,  in  their  dis- 
cretion, grant  a license  therefor,  for  any  period  not  less  than 
one  year,  upon  such  terms  and  conditions  as  they  may  deem 
proper.  Said  license,  when  granted,  shall  specify  the  place 


Ferries. 


567 


where  said  ferry  is  authorized  to  be  established  or  kept,  the 
price  charged  therefor,  and  whether  the  same  is  intended  for 
the  conveyance  of  passengers  or  property,  or  both;  and  said 
license  shall  not  authorize  the  person  licensed  to  keep  or  main- 
tain a ferry  at  any  other  place  in  said  city  than  at  the  one  des- 
ignated in  said  license. 

1421.  Must  Ferry  Upon  Application — Penalty.]  § 3. 

That  every  person  obtaining  a license  as  aforesaid  shall,  with- 
out unneccessary  delay,  provide  and  keep  in  repair  good  and 
sufficient  boats  for  the  ready  and  safe  conveyance  of  passen- 
gers and  property  across  the  Illinois  River  or  Lake  Peoria, 
and  give  due  and  regular  attendance  at  such  ferry  from  sun- 
rise until  dark,  with  a sufficient  number  of  hands  to  work  and 
manage  such  boats  and  crafts;  and  shall,  with  ail  reasonable 
dispatch,  carry  as  aforesaid,  on  application,  at  any  hour  be- 
tween sunrise  and  dark,  all  passengers  and  property  as  afore- 
said, when  said  river  or  lake  is  passable;  and  every  person 
licensed  as  above,  who  shall  fail,  or  refuse  to  comply  with  any 
of  the  provisions  of  this  section,  shall  forfeit  and  pay  for  every 
offense  a sum  not  less  than  five  dollars,  nor  more  than  fifty 
dollars. 

1422.  Rate  of  Charges.]  § 4.  That  every  licensed 
ferry  keeper  may  demand  and  receive  such  fees  for  the  con- 
veyance across  said  river  or  lake,  of  passengers  or  property,, 
as  may  be  fixed  by  the  city  council  granting  the  license. 

1423-  Rates  to  be  Posted.]  § 5.  That  it  shall  be  the 
duty  of  every  licensed  keeper  of  a ferry  to  cause  two  copies 
of  the  said  fees  or  rates  of  tolls  to  be  posted  up,  and  con- 
stantly kept  up,  in  some  conspicuous  place  on  his  boat;  and 

any  keeper  of  a ferry,  or  person  in  his  employ,  who  shall  de- 
mand and  receive  any  higher  or  greater  rate  for  the  convey- 
ance of  passengers  or  property  than  shall  be  authorized  by 

the  city  council,  shall  forfeit  and  pay,  for  every  offense 

a sum  not  less  than  five  dollars,  nor  more  than  fifty  dollars; 


568 


Ordinances. 


and  any  such  keeper  of  a ferry  who  shall  fail  or  neglect  to 
keep  said  copies  of  the  fees,  or  rates,  or  tolls  posted  up,  as 
aforesaid,  shall  forfeit  and  pay  the  sum  of  five  dollars  for  each 
day  he  shall  fail  or  neglect  to  keep  the  same  posted  up  as 
aforesaid. 

1424-  Injury  to  Ferry-Boat — Penalty.]  § 6.  Any  per- 
son who  shall  turn  adrift,  or  in  any  wise  injure,  destroy,  or 
sink  any  ferry-boat  or  other  craft  used  for  the  conveyance  of 
passengers  or  property  by  any  person  licensed  to  keep  a ferry 
under  this  article,  or  shall  cut,  unfasten,  injure,  or  destroy  any 
rope,  or  other  fixture  used  in  keeping  and  maintaining  any 
such  ferry,  shall  forfeit  and  pay  a sum  not  less  than  five  dol- 
lars, nor  more  than  one  hundred  dollars. 

1425-  Money  from  Licenses  Part  of  Harbor  Fund.] 

§ 7.  All  money  arising  from  licenses  under  this  article  shall 
form  a part  of  the  harbor  fund  of  said  city. 

ARTICLE  19. 

FIREARMS,  FIREWORKS  AND  CANNON. 

Section.  Section. 

1426.  Fire  Arms — Prohibition — Penalty.  1428.  Fireworks — Discharge  of — Penalty. 

1427.  Fire  Arm  to  Minor — Penalty.  1429.  Cannon  — Discharge  of  — Permit  — 

Penalty. 


1426*  Firearms — Prohibition — Penalty.]  § i.  No  per- 
son shall  fire  or  discharge  any  gun,  pistol,  fowling  piece  or 
other  firearm  within  the  corporate  limits  of  the  city  of  Peoria, 
under  a penalty  of  ten  dollars  for  each  offense. 

1427*  Firearm  to  Minor — Penalty,]  § 2.  No  person 
shall  sell,  loan  or  furnish  to  any  minor,  any  gun,  pistol,  fowling 
piece  or  other  firearm  within  the  city  of  Peoria,  under  a pen- 
altv  of  not  exceeding  fifty  dollars  for  each  offense. 

1428-  Fireworks — Discharge  of — Penalty.]  § 3.  No 

person  shall  fire,  discharge  or  set  off,  within  the  limits  of  the 


Flower  Pots, 


569 


city  of  Peoria,  any  rocket,  cracker,  torpedo,  squib  or  other 
fireworks,  or  other  thing  containing  any  substance  of  an  ex- 
plosive nature,  under  a penalty  of  ten  dollars  for  each  offense: 
Provided,  that  the  mayor  may  by  proclamation  permit  the 
use  of  fireworks  on  the  Fourth  of  July,  and  on  such  other  days 
as  he  in  his  discretion  may  deem  proper. 

1429-  Cannon — Discharge  of — Permit — Penalty.]  § 4. 

No  cannon  or  piece  of  artillery  shall  be  discharged  or  fired  off 
within  the  limits  of  the  city  without  a written  permit  from 
the  mayor,  under  a penalty  of  twenty-five  dollars  for  each 
offense. 

ARTICLE  20. 

FLOWER  POTS. 

Section. 

1430.  Pots  on  Sills,  etc.— Protection  From 
Falling— Penalty. 


1430.  Pots  on  Sills,  Etc. — Protection  From  Falling — 
Penalty,]  § 1.  It  shall  be  unlawful  for  any  person  to  place 
or  keep  on  any  window  sill,  railing  or  balcony,  top  of  porch 
or  any  other  projection  from  any  house,  or  other  building  in 
the  city  of  Peoria,  any  earthen  flower  pot,  wooden  box,  or 
other  article,  or  thing  whatever  for  the  cultivation  or  retention 
of  flowers,  shrubs,  vines  or  any  other  article  or  thing  what- 
ever, unless  the  same  is  securely  and  firmly  fastened,  or  pro- 
tected by  iron  railing,  so  as  to  render  it  impossible  for  the 
same  to  fall  into  the  street,  under  a penalty  of  ten  dollars  for 
every  such  offense. 


57o 


Ordinances. 


ARTICLE  21. 


GAMING. 


Section. 

1431.  Gaming  House  or  Boat— Penalty. 

1432.  Gaming — Penalty. 

1433.  Bringing  or  Possessing  Gaming  De- 

vice— Penalty. 

1434.  Gaming  Device  on  Street— Penalty. 


Section. 

1435.  Visitor  —Frequenter  — Keeper — Run- 

ner, Etc. — Penalty. 

1436.  Seizure  of  Implements,  Etc.— Resist- 

ance— Penalty. 


1431.  Gaming  House  or  Boat — Penalty.]  § 1.  Who 

ever  keeps  a common  gaming  house,  or  in  any  building,  booth, 
yard,  garden,  boat  or  float,  by  him  or  his  agent  used  and  oc- 
cupied, procures  or  permits  any  persons  to  frequent,  or  to 
come  together  to  play  for  money  or  other  valuable  thing,  at 
any  game,  or  keeps  or  suffers  to  be  kept  any  tables  or  other 
apparatus,  for  the  purpose  of  playing  at  any  game  or  sport, 
for  money  or  other  valuable  thing,  or  knowingly  rents  any 
such  place  for  such  purposes  shall,  upon  conviction  be  fined 
not  less  than  one  hundred  dollars  for  every  such  offense. 

1432.  Gaming — Penalty.]  § 2.  Whoever  shall  play 
for  money,  or  other  valuable  thing,  at  any  game  with  cards, 
dice,  checks,  or  at  billiards,  or  with  any  other  article,  instru- 
ment or  thing  whatsoever,  which  may  be  used  for  the  purpose 
of  playing  or  betting  upon,  or  winning  or  losing  money, 
or  any  other  valuable  thing  or  article  of  value,  or  shall  bet  on 
any  game  others  may  be  playing,  shall  be  fined  not  less  than 
ten  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

1433.  Bringing  or  Possessing  Gaming  Device — Pen- 
alty. | § 3.  No  person  shall  bring  into  the  city  of  Peoria, 

or  have  in  his,  her,  or  their  possession  in  said  city,  for  the 
purpose  of  gaming,  any  table,  thing  or  device  of  any  kind  or 
nature  whereon,  or  with  which  money  or  any  other  thing  of 
value  in  any  manner  be  played  for,  under  penalty  of  not  less 
than  twenty-five  dollars,  for  each  and  every  offense. 


Grades. 


57i 


1434.  Gaming  Device  on  Street — Penalty.]  § 4.  No 

person  shall  expose  in  any  street,  alley  or  other  public  place 
within  the  city  of  Peoria,  any  table  or  device  of  any  kind 
whatever,  upon  or  by  which  any  game  of  chance  or  hazzard 
can  be  played,  or  shall  play  at,  or  upon  any  such  table  or  de- 
vice, under  the  penalty  of  twenty-five  dollars,  for  each  offense. 

1435.  Visitor — Frequenter — Keeper — Runner,  Etc. — 
Penalty.]  § 5.  Any  person,  who  is  a frequenter,  visitor,  in- 
mate, door-keeper,  solicitor,  runner,  agent  or  abettor  of,  or  for 
any  house,  store,  grocery,  hall,  room,  or  any  other  place  where 
are  kept  any  device,  instrument  or  thing  used  for  gambling, 
whereon,  or  with  which  money  or,  other  thing  of  value  shall 
be  played  for,  shall,  upon  conviction,  be  fined  in  a sum  not  less 
than  twenty-five  dollars,  nor  more  than  one  hundred  dollars. 

1436.  Seizure  of  Implements,  Etc. — Resistance — Pen- 
alty.]  § 6.  It  is  hereby  made  the  duty  of  every  member  of 
the  police  force  to  seize  any  table,  instrument,  device  or  thing 
used  for  the  purpose  of  gaming;  and  all  such  tables,  instru- 
ments, devices  or  things  shall  be  destroyed.  Any  person,  or 
persons,  obstructing  or  resisting,  any  member  of  the  police 
force,  in  any  act  authorized  by  this  section,  shall  be  subject  to 
a fine  of  not  less  than  fifty  dollars  for  each  offense. 

ARTICLE  22. 

GRADES. 

Section.  Section. 

1437.  Base  of  City  Levels  and  Bench  Marks.  1439.  Sewers. 

1438.  Grade  Established. 


1437.  Base  of  City  Levels  and  Bench  Marks,]  § i. 

That  the  permanent  grades  of  streets  and  alleys  in  the  city  of 
Peoria  hereinafter  fixed,  are  referred  to  a plane  as  the  base,  or 
datum  for  all  city  levels.  Said  plane  is  referred  to  the  top  of 


572 


Ordinances. 


the  fourth  flute  on  the  south  angle  of  the  corner  stone  of  the 
Peoria  county  court  house,  the  elevation  of  which  point  was 
established  in  the  year  1877  at  one  hundred  feet  above 
datum  plane. 

This  plane  is  also  referred  to  permanent  bench  marks,  lo- 
cated as  shown  upon  the  grade  and  sewerage  maps  of  the  city 
of  Peoria  and  in  statement  No.  3 as  follows: 

STATEMENT  No.  3. 

SHOWING  THE  EOCATION  AND  DESCRIPTION  OF  PERMANENT 
BENCH  MARKS  AND  FLUSHING  RESERVOIRS. 


No. 

Elevation. 

1 

100.00  | 

2 

49.84  j 

3 

110.30  | 

4 

84.92  | 

5 

93-97  { 

6 

155-70  | 

7 

101 .97  { 

8 

140.76  { 

9 

235.90  | 

10 

194.81  | 

11 

198.44  | 

12 

115.98  | 

13 

112.67  | 

14 

89-55  { 

15 

73-03  -j 

16 

103.67  -[ 

1 7 

113.00  -J 

18 

122.20  -j 

19 

100.15  ] 

20 

hi. 40  | 

21 

90-77  { 

Location  and  Description. 


Top  ot  water  table  fourth  flute  from  corner  over  the  corner-stone, 
Peoria  county  court  house. 

Intersection  Fayette,  N.  Fayette  and  Water  streets,  9 feet  in  Fayette 
and  9 feet  from  Truesdale’s  mill,  front  side. 

Intersection  Hancock  and  Madison  streets,  east  corner  inside  curbing, 
at  centre  of  corner-stone. 

Intersection  Adams  and  Evans  streets,  west  corner  inside  curbing, 
at  center  of  corner-stone. 

Intersection  Madison  and  Caroline  streets,  east  corner  intersection, 
corner  of  block. 

Intersection  Spring  and  Bluff  streets,  east  corner  of  intersection,  west 
corner  of  Park. 

Intersection  Wayne  and  Hale  streets,  south  corner  of  intersection,  at 
corner  of  block. 

Intersection  Jackson  and  Bluff  streets,  south  corner  of  intersection, 
at  corner  of  block. 

Intersection  Knox  street  and  Illinois  avenue,  north  corner  of  inter- 
section, at  corner  of  block. 

Intersection  North,  High  and  Farmington  avenue,  east  line  of  North 
street,  9 feet  from  corner  of  block,  and  9 feet  in  avenue. 

Intersection  St.  James  and  McDougal  streets,  north  corner  of  inter- 
section, at  corner  of  block. 

Intersection  Perry,  Franklin  and  Seventh  streets,  southeast  corner  in- 
side curbing,  n feet  from  corner  Dr.  Frye’s  lots. 

Intersection  avenues  in  State  House  square,  north  side  of  intersec- 
tion north  side  Fourth  street,  intersection  of  diagonals  from  4 trees. 

Intersection  Bridge,  Adams  and  Franklin  streets,  northwest  corner 
inside  curb  on  line  E side  Bridge  streets,  upper  side  Adams. 

Intersection  Maple  and  Washington  streets,  south  corner  line  of 
Maple  1 foot  southwest  of  fire  plug  lower  side  Washington. 

Intersection  W.  Madison  and  Hurlburt  streets,  north  corner,  3 feet 
west  of  fire  plug  and  n feet  from  corner  of  lots. 

Intersecton  Third  and  Merriman  streets,  south  corner,  2 feet  from 
fire  plug  and  10%  feet  trom  corner  of  lots. 

Intersection  Johnson  and  Charlton  streets,  west  corner  of  intersec- 
tion, at  corner  of  block. 

Intersection  Adams  street  and  Lincoln  avenue,  north  corner  inside 
curb,  6J4  feet  southwest  fire  plug. 

Intersection  Shelly  and  Charlton  streets  and  Lincoln  avenue,  north 
corner  intersection  at  corner  of  block,  cor.  Plank  R’d  and  Shelly  st. 

Intersection  South,  Adams  and  Garden  streets,  east  corner  nside 
curb  at  center  of  corner  stone,  lower  side  Adams  str<_ 


Said  permanent  bench-marks  being  limestone  posts  eight  (8) 
to  ten  (io)  inches  square,  and  from  four  and  one-half  (4^) 
to  five  (5)  feet  in  length,  with  an  iron  pin  set  in  the  top  end 
flush  with  the  stone. 


Grades, 


573 


1438.  Grades  Established.]  § 2.  The  figures  men- 
tioned in  tables  number  1,  2,  3,  4,  5 and  6,  which  are  as  fol- 
lows : 

TABLE  No.  1— A. 


GRADES  OF  STREETS  NORTH  OF  MAIN  STREET,  FROM  THE  LAKE  TO  THE 
BLUFF,  IN  SECTIONS  AS  FOLLOWS:  S.W.  £ AND  S.E.  £ SECTION  4. 

N.E.  £ SECTION  9.  N.W.  £ SECTION  10.  SECTION  3. 


a 

"c3 

Hamilton 

Water  Street 

47.50 

65.50 
63.75 
86.00 

84.50 
96.20 

102.00 

108.50 

114.90 

117.00 

120.00 

50.00 

67.00 
65.25 
86.(0 
84.50 
96.20 

103.00 

1 110. 00 
1115.90 
1115.90 

119.00 

,Tr  , . ( Bluff  side 

Washington  { River  

Adams.......  jRiyer  0 ; 

Jefferson 

Madison 

Monroe 

Perry 

Glendale 

Globe  

Greenleaf j 

137.00 

134.00 

M2. 66 
| 139. 00 

Bi“ff } River  " A. 

51.50 
68.10 
66.25 

82.00 

80.50 

95.00 

104.00 

108.50 

114.90 

114.90 


140.(0 

137.00 


52.00 


Jackson 

Eaton 

Hancock 

Greene 

52.30 

54.00 

68.00 
66.25 
80  OO 
78.50 
94.  CO 
106.50 
110.00 
112.90 
111.40 
120.00 
128. CO 

125.00 

143.00 
143.00 

81.00 

79.50 

95.00 

110.50 

112.00 

107.90 

107.90 

84.00 

83.00 

94.00 
110.50 

110.50 

105.50 

104.50 

87.00 

87.00 

96.50 

105.50 
109.00 

103.50 
103.50 

TABLE  No.  1—  B. 


Wayne 

Morgan 

Evans 

Morton 

Voris 

Spring 

Laveille 

Water  street 

56.00 

57.00 

58.00 

59.00 

...  ( Bluff  side 

75.00 

73.50 

72. 0C 

Washington  j RWer  . ! . . . . ! . . " ! . . ! . . ! ! ! ! 

75.  O' 

73.50 

72.  CO 

71.00 

70. CO 

69.00 

70.00 

A/,  0 ( Bluff  “ 

86.00 

85.00 

84.00 

82.50 

81.00 

79.00 

77. CO 

86.00 

85.00 

84.00 

82.50 

81.00 

79.00 

77  00 

Jefferson 

98.00 

95.  CO 

95. 0( 

93.00 

91.00 

90.00 

88.50 

Madison 

1(3.00 

99.50 

98.50 

99.50 

97.50 

96.50 

96.50 

Monroe 

104.00 

103.00 

104.00 

101.00 

102.00 

108. CO 

102.50 

Perry 

102.50 

101.50 

105.00 

103.00 

105.00 

108.00 

108.00 

Glendale.  

102.50 

101.50 

103. 00 

106.00 

112.00 

119. CO 

Globe  

....  . . 

Greenleaf j 

Bluff..,..,.  | River  

574 


Ordinances. 


TABLE  No.  i— C. 


Caroline 

Mary 

Cornhill 

Hayward 

St.  Giles 

Mound 

Abington 

Water  street 

1 Bluff  side 

Washington  \ River  ..  

69.00 

75.00 
75.00 
83.50 

. , f Bluff  “ 

73.00 

73.00 

86.00 

71.50 

71.50 

84.50 

69.00 
68.50 

83.00 

66.50 

66.00 

77.00 

64.00 

63.50 

71.50 

Jefferson 

Madison - 

Monroe 

101.00 

100.00 

97.00 

103.00 

98.50 

106.00 

103.00 

100.00 

Perry  

Glendale 

Globe 

Greenleaf j 

t,,  a-  ( Bluff  side 

Bluff | River  “ ..W” . 

TABLE  NO.  2.— A 

GRADES  OF  STREETS  SOUTH  OF  MAIN  STREET,  FROM  THE  RfVER  TO 
THE  BLUFF,  IN  SECTIONS  AS  FOLLOWS:  S.W.  4 SECTION  4. 

N.E.  4,  S.W.  4 AND  S.E . 4 SECTION  9.  S.E.  4 SECTION  8. 

N.W.4  SECTION  l6.  N.E.  4 SECTION  17. 


Main 

street. 

Fulton. 

Liberty. 

Harrison. 

Bridge. 

Walnut. 

Chestnut. 

Oak. 

1 

Elm. 

Water  street 

47.50 

48.75 

50.00 

51.25 

52.50 

54.50 

55.50 

56.00 

Washington  -j 

f Bluff  side 

65.50 

63.50 

64.50 

63.00 

65.50 

67.00 

69.00 

1 70.00 

71.75 

1 River  “ 

63.75 

61.75 

62.75 

61.25 

63.75 

65.20 

67.25 

68.25 

70.00 

Adams j 

1 Bluff  “ 

86.00 

86.00 

88.00 

90.50 

89.50 

89.50 

91.50 

93.00 

94.00 

1 River  “ 

84.50 

84.50 

86.50 

89.00 

88.00 

89.00 

91.50 

93.00 

94.00 

Gallatin 

Henry 

Jefferson 

96.20 

98.50 

101.00 

102.00 

96.00 

94  00 

95.00 

New 



Madison .... 

102.00  103.50 

105.50 

103.50 

99.50 

High 

Monroe. 

1 0K  50  109  50 

Perry 

114.90 

Glendale. . . . 

117.00 

Globe . . 

120.00 

Bluff { 

137.00 

134.00 

Grades 


575 


TABLE  NO.  2.- B 


Maple. 

Persim- 

mon. 

Spencer. 

Locust. 

Pecan. 

Merriman. 

Cedar. 

Linden. 

Water  street 

58.00 
75.50 
78.75 

96.00 
96.00 

50.00 

78.00 
76.25 

99.00 
99.00 
99.50 

59.00 

78.00 
76.25 
99  00 

99.00 
99.50 

,T,  . . . ( Bluff  side 

73.50 

71.75 

95.00 

95.00 

77.00 

75.25 

97.50 

97.50 

Washington  | River  “ 

Adams { River  “ 

Gallatin  

Henry 

Jefferson 

96.00 

97.00 

98.00 

100.00 

100.50 

101.00 

99.00 

99.50 

100.00 

102.50 

99.00 

98.00 

99.00 
101.00 

New 

99.00 

MaHi<inn.  

98.50 

99.50 

High 

Monroe 

Perry 

Glendale 

Glnhp  

Bluff | 

TABLE  NO.  2.— C 


Lincoln 

avenue. 

Edmund 

street. 

Chicago. 

Olive. 

Lisk. 

Cass 

South. 

Garden. 

Water  street 

60.00 

69.00 

69.00 

94.50 

94.50 

61.00 

68.25 

68.00 

90.00 

90.00 

,XT  , . , (Bluff  side 

73.50 

71.75 

100.50 

100.50 

71.50 

69.75 

99.00 

99.00 

69.50 

68.50 

97.50 
97.50 

Washington  | River  “ 

98!  66 

93.09 

99.00 

99.00 

100.00 

89.00 

89.00 

Adams | River  “ 

Gallatin 

Henry 

95.00 

93.00 

Jefferson 

ioo.oo 

99.00 

New 

Madison 

High 

Monroe 

Perry  

Glendale 

Globe  

Bluff { 

576 


Ordinances, 


TABLE  NO.  3.— A 

GRADES  OF  STREETS  SOUTH  OF  MAIN  AND  MOSS  STREETS  AND  BETWEEN 
ADAMS  STREET  AND  EASTERN  AVENUE,  IN  SECTIONS  AS 
FOLLOWS:  N.  W.  i SECTION  9.  S.  W.  4-  SECTION  9.  SEC- 
TION 8.  N.  W.  \ SECTION  17. 


Western  av. 

John  street 

Matthew 

Warren 

Apple 

Charlotte 

Shelly 

Douglas 

Garden  street 

117.00 

117.00 

109.50 

109.10 

103.50 

108.00 

101.00 

’06. f0 

98. CO 

106.50 

96.00 

104. CO 

Antoinette  street j- 

106.50 

Ann  street 

George  street 

Lincoln  avenue 

116.00 

114.25 

113.00 

in’.  75 

110.50 

110.50 

Howett  street 

Millman  street 

Butler  street 

Brotherson  street 

Kettelle  street 

McBean  street 

Johnson  street 

Smith  street 

Hurlburt  street 

Prairie  avenue 

First  street 

Second  street 

Third  street 

Fourth  street 

Park  Place 

Fifth  street 

Sixth  street 

Seventh  street 

TABLE  NO.  3 — B 


Eliza 

Louisa 

Pope 

Tyng 

Helen 

Steubenville 

Olive 

Webster 

Garden  street  

90.00 
( 95.00 
\ 95.50 

89.00 

92.50 

Antoinette  street  .......  ^ 

100.50 

93.00 

96.00 

Ann  street  . , . T 

f ” 

96.00 

98.50 

103.50 

George  street  , , 

Lincoln  avenue  

109.25 

108.00 
111.50 
114.00 
114  00 

103.00 

106.50 

111.00 

114.00 

116.50 

ii2‘.oo 

116.00 

111.50 

105.50 
104  00 
1C  2 50 
100.00 

98.50 

Howett  street  , , , tt 

Millman  street  

Butler  street  

Brotherson  street 

Kettelle  street  

112.00 

115.00 

113.00 

107.00 

105.00 

103.00 

102.00 

McBean  street  , , 

Johnson  street  ---  . , , * 

Smith  street  

Hurlburt  street 

Brairie  avenue 

First  street 

Second  street 

Third  street  tT 

Fourth  street 

Park  Place 

Fifth  street 

Sixth  street 

Seventh  street 

Grades, 


577 


TABLE  NO.  3 — C. 


Charlton 

Charlton 

Saratoga 

Elliott 

McReynolds 

Merriman 

Spencer 

Shipman 

Antoinette  street  | 

Ann  street 

George  street  

Lincoln  avenue 

101.00 

Howett  street 

102.50 

Millman  street 

108.50 

Butler  street 

118.50 

Rrntherson  street  

114.50 

115.00 

iio.OO 

105.00 

101.00 

99.00 

98.00 

Kettelle  street 

McBean  street 

116.50 

113.00 

109.00 

105.50 

101.00 

99.00 

Jnhnsnn  street 

122.00 

116.50 

111.50 

110.50 

106.00 

103.00 

Smith  street 

120.00 

116.50 

112.50 

111.50 

107.00 

104.00 

Hurlburt  street 

113.00 

115.00 

114.00 

113.00 

113.00 

111.00 

107.00 

Prairie  avenue 

108.00 

113.00 

114.50 

113.50 

114.50 

113.00 

First  street 

110.00 

113.50 

116.05 

117  no 

116.00 

114.00 

Second  street 

105.00 

107.00 

1H.00ln4.0n 

122.00 

118.50 

Third  ’street 

103.50 

103.50 

106.00 

114.00 

122  00 

122  00 

Fourth  street 

102  50 

101.00 

103.00 

111.00 

117.00 

118.00 

Park  Place 

Fifth  street 

ioi.oo 

107.00 

112.00 

Sixth  street 

109.00 

105  00 

107.00 

Seventh  street 

113.00 

107.00 

TABLE  NO.  3.— D 


Goodwin 

Fisher 

W.  of  Park 

State 

East  of  Park 

Sanford 

Monson 

Garden  street 

Antoinette  street j 

Ann  street 

George  street 

Lincoln  avenue 

Howett  street  

Millman  street 

Butler  street 

Brotherson  street 

Kettelle  street 

McBean  street 

Johnson  street 

Smith  street. 

Hurlburt  street 

104.00 

Prairie  avenue 

First  street  

113.00 

115.00 

119.00 

117.00 

110.00 

113.50 

103.00 
110. CO 

112.00 

98.50 

106.00 

110.00 

111.50 

95.00 
103. CO 

107.00 

109.00 

Second  street 

Third  street 

115  50 

! 113.50 

110.50 

111.00 

Fourth  street 

115.501  114.50 



Park  Place  

112.50 

111.50 

116.50 

111.50 

Fifth  street 

113.50 

112.00 

108.00 

112.50 

110.50 
115.00 

113.50 

109.50 

114.00 

115.00 

Sixth  street 

115.00 

109.50 

Seventh  street 

38 


578 


Ordinances, 


TABLE  NO.  3.— E 


Franklin 

New 

W.  Jefferson 

Linden 

Gallatin 

Adams 

Cedar 

Garden  street 

Antoinette  street j- 

Ann  street 

George  street 

Lincoln  avenue 

99.00 

100.00 

100. 50 

100.00 

99  00 

Howett  street 

Millman  street 

Butler  street 

Brotherson  street 

| 

105.00 

Kettelle  street 

McBean  street 

Johnson  street 

Smith  street 

Hurlburt  street 

Prairie  avenue 

First  street 

93.00 

101.00 

104.50 

106.00 

Second  street 

Third  street 

Fourth  street 

Park  Place 

Fifth  street 

109.50 

111.50 

Sixth  street 

Seventh  street 

116.00 

1 

TABLE  No.  4— A. 

GRADES  OF  STREETS  ON  THE  BLUFF,  NORTH  OF  MAIN  AND  WEST  OF  MOSS 
AND  WEST-HIGH  STREETS,  AS  FOLLOWS: 

W.  y2  SECTION  4.  S.  E.  X SECTION  5.  N.  E.  X SECTION  8. 


Illinois 

avenue 

Pennsyl- 

vania 

Armstrong 

Chambers 

Hamilton 

street 

Stone 

Russell 

f Bluff  side 

Knox 1 River  “ 

North  street 

236.00 

236.00 

233.50 

233.00 

220.00 

218.50 

223.00 

201.00 

201.00 

215.50 

213.00 

High  street 

Flora  avenue 

F.llis  street 

• 

F.lizaheth 

197.50 

196..75 

198.50 

199.50 

198.50 

198.00 

197.00 

196.00 

195.00 

194.00 

Douglas 

Orange  

Garfield 

| 

Frink  

Ronrland 

Underhill 

Bradley  street 

Union 

Saratoga  

Grades. 


579 


TABLE  No.  4 — B. 


Main 

Floral 

St.  James 

College 

Hansel 

Moss 

! High 

Seventh 

avenue 

Vnnv  5 Bluff  side 

North  street 

High  street 

197.50 

201.50 

201.50 

200.50 

199.75 

199.00 
198.25 

197.50 

196.75 

196.00 

Flora  avenue 

F.llis  street 

F.lizaheth  

199.50 

200.50 
199.75 
199.75 
198.25 

197.50 
197.50 

198.50 

199.75 
199.00 

199.50 

198.75 

199.50 

198.50 

197.00 

201.00 

189.00 

Douglas 

Orange 

Garfield 

200.00 

199.00 

198.00 
197.25 

200.00 

Frink 

Bourland 

197.00 

196.00 

Underhill 

Bradley  street 

197.00 

196.00 
197.25 

Union 

150.00 

150.00 

Saratoga 

TABLE  No.  5. 

GRADES  AT  INTERMEDIATE  POINTS  NOT  GIVEN  IN  TABLES  I TO  4, 
INCLUSIVE. 


Moss  street  300  feet  west  of  Saratoga  street Grade  199.0 

Seventh  avenue,  300  feet  west  of  Union  street “ 152.0 

Seventh  avenue,  491  feet  west  of  Union  street “ 152.5 

Seventh  avenue,  681  feet  west  of  Union  street “ 152.0 

Seventh  avenue  and  Saratoga “ 150.0 

Seventh  avenue  and  Fourth  street “ 136.0 

Seventh  avenue  and  Second  and  Grove  streets “ 142.5 

Seventh  avenue  and  First  street “ 144.0 

Seventh  avenue  and  Prairie  street “ 140.0 

Seventh  avenue  and  Eastern  avenue “ 151.0 

•High  street,  200  feet  west  of  Main  street “ 199.5 

High  street,  350  feet  west  of  Main  street ...  “ 200.0 

High  street,  500  feet  west  of  Main  street “ 199.0 

High  street  and  State  street “ 197.5 

High  street,  450  feet  west  of  State  street “ 198.0 

High  street,  100  feet  level “ 198.0 

High  street,  450  feet  west  of  State  street .-= “ 196.0 

High  street,  550  feet  west  of  State  street “ 194.0 

High  street,  650  feet  west  of  State  street “ 191.0 

High  street  and  Elizabeth  street “ 189.0 

Bluff  street,  470  feet  north  of  Jackson  street “ 187.0 

Bluff  street,  590  feet  north  of  Jackson  street “ 193.0 

Bluff  street  and  White  street “ 203.0 

Bluff  street,  80  feet  north  of  White  street “ 205.0 

Bluff  street,  180  feet  north  of  White  street “ 206.0 


Ordinances. 


580 


TABLE  No.  6. 

GRADE  OF  STREETS  SOUTH  OF  SOUTH  STREET. 


Monarch 

Washington 

Adams 

Jefferson 

Nowland 

68.50 

67.50 

68.50 

67.50 

66.50 

67.50 

68.50 

68.50 

67.50 

66.50 

86.00 

84.00 

82.50 

81.00 

79.50 

81.50 

79.50 

78.50 

77.50 
77.50 

Apple 

95.00 

94.00 

93.00 

92.00 

91.00 

93.00 

Warren  

Ayer 

Sanger 

63.00 

Frink 

Hficonlc 

Dodge 

Russell 

Wpstprn 

110.00 

being  in  feet  and  decimals  of  a foot,  are  hereby  adopted  and 
established  as  the  grades  of  the  outer  edge  of  the  sidewalks,  or 
curbstones  at  the  points  designated  in  said  tables.  All  inclina- 
tions, or  grades  between  successive  points  established  by  this 
ordinance,  and  indicated  in  said  tables,  are  to  be  straight  lines. 

1439.  Sewers,]  § 3.  The  general  plan  and  system  of 
sewerage  prepared  by  the  city  engineer  under  the  direction  of 
the  special  committee  on  permanent  grades  and  sewerage,  and 
shown  upon  the  sewerage  map,  on  file  in  the  office  of  the  city 
engineer,  is  hereby  adopted,  subject  to  such  modifications  in 
detail  as  the  proper  committee,  or  commission,  may  hereafter 
recommend  and  the  city  council  may  adopt. 


Harbor. 


581 


ARTICLE  23. 

HARBOR. 


Section. 

1440.  Harbor  Master — Office  Created.  Ap- 

pointment— Bond. 

1441.  Landings  Established. 

1442.  From  Main  to  Fulton  Streets  for 

Steamboats  Only — Penalty. 

1443.  Harbor  Master  May  Assign  Places  — 

Penalty. 

1444.  Obstructing  or  Resisting  Harbor  Mas- 

ter— Penalty. 

1445.  When  Harbor  Master  May  Take 

Charge  of  Vessel. 

1446.  Unless  Charges  Paid,  Vessel  Sold, 

When. 

1447.  Proceeds  Paid  to  City  Treasurer. 

1448.  Obstructing  Landing  — Seizure  of 

Freight  — Penalty. 

1449.  Fines,  etc.,  Lien  on  Boat. 

1450.  Freight  Kept  on  Landing— How  Long. 


Section. 

1451.  Rates  of  Wharfage. 

1452.  Harbor  Master’s  Account  — Report 

Payment  to  Treasurer,  etc. 

1453.  Injuring  or  Obstructing  Landing  — 

Penalty. 

1454.  Refusal  to  Pay  Wharfage  — Penalty. 

1455.  Wharfage  Not  ChargeableWhen  River 

Frozen. 

1456.  Wharf  Boat  — License  — Penalty. 

1457.  Fish  Boat,  Staging,  etc. — License  — 

Penalty. 

1458.  License  Fee. 

1459.  Harbor  Master  to  Assign  Place  to 

Licensee. 

1460.  Depositing  Offal,  etc.,  in  River — Pen- 

alty. 

1461.  Money  to  Go  to  Harbor  Fund. 


1440.  Harbor  Master — Office  Created — Appointment 
— Bond.]  § 1.  There  is  hereby  created  the  office  of  harbor 
master,  who  shall  hold  his  office  for  the  term  of  two  years  and 
until  his  successor  shall  be  appointed  and'  qualified  ; he  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  con- 
sent of  the  city  council,  on  the  first  Tuesday  in  May,  1892,  or 
as  soon  thereafter  as  may  be,  which  appointment  shall  be  for 
the  term  of  one  year  and  until  his  successor  is  appointed  and 
qualified;  and  thereafter  the  appointment  shall  be  made  on  the 
first  Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may  be, 
and  biennially  thereafter  ; before  entering  upon  the  duties  of 
such  office  the  harbor  master  shall  execute  a bond  to  the  city 
of  Peoria  in  the  penal  sum  of  one  thousand  dollars,  with  sure- 
ties, to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  such  office. 

1441-  Landings  Established.]  § 2.  That  the  public 
grounds  in  front  of  blocks  one,  two,  three  and  four,  in  the 
original  town  of  Peoria,  and  at  the  termination  of  every  street 
and  alley  at  the  river  and  lake  in  the  city  of  Peoria,  are  hereby 
declared  to  be  public  landings  and  landing  places,  in  and  for 
the  city  of  Peoria. 


582 


Ordinances. 


1442.  From  Main  to  Fulton  Streets — For  Steamboats 
Only — Penalty.]  § 3.  That  no  raft,  vessel,  boat,  or  craft 
of  any  kind  whatever,  excepting  steamboats,  shall  land  at,  or 
occupy  any  part  of  the  public  landing  between  Main  and  Ful- 
ton streets  in  said  city,  nor  at  the  foot  of  said  streets;  and 
should  any  such  raft,  vessel,  boat  or  other  craft,  except  steam- 
boats, so  land  at,  or  occupy  any  part  of  said  landing,  between 
or  at  the  foot  of  said  streets,  the  person  in  charge  thereof  shall 
immediately,  on  verbal  notice  so  to  do  by  the  harbor  master,  re- 
move the  same;  and  on  failure  so  to  do,  every  such  person  shall 
on  conviction  therefor,  be  fined  in  the  sum  of  ten  dollars;  and 
the  further  sum  of  fifty  dollars  for  each  and  every  day  he  shall 
suffer  the  same  to  remain  at,  or  occupy  any  part  of  the  said 
landing  places  in  this  section  mentioned  after  his  said  convic- 
tion. 

1443.  Harbor  Master  May  Assign  Places — Penalty.] 

§ 4.  The  harbor  master,  whenever  it  may  be  necessary, 
shall  assign  places  at  the  public  landing  for  all  rafts,  vessels, 
boats  and  crafts  of  every  description,  in  the  order  of  their  ar- 
rival, and  every  person  in  charge  thereof  shall  cause  the  same 
to  be  removed  to  the  places  assigned  them;  and  every  person 
failing  so  to  do,  on  being  notified  by  the  harbor  master,  shall 
forfeit  and  pay  the  sum  of  ten  dollars,  and  the  further  sum  of 
fifty  dollars,  for  each  and  every  day  he  shall  refuse  or  neg- 
lect to  remove  the  same  after  his  said  conviction. 

1444.  Obstructing  or  Resisting  Harbor  Master — 
Penalty.]  § 5.  If  any  steamboat,  canal  boat,  raft,  fish  boat, 
vessel,  or  other  craft,  shall  land  at,  or  occupy  any  part  of  the 
public  landing  contrary  to  the  provisions  of  this  article,  it  shall 
be  the  duty  of  the  harbor  master,  in  addition  to  other  reme- 
dies pointed  out  in  this  article,  to  proceed  at  once  and  remove 
any  such  steamboat,  canal  boat,  fish  boat,  vessel,  or  other 
craft,  to  the  place  provided  by  this  article,  or  to  the  place  as- 
signed for  the  same  by  the  said  harbor  master;  and  any  person 


Harbor. 


583 


obstructing,  or  resisting  the  harbor  master  or  any  person  em- 
ployed by  him  in  the  removal  of  any  such  vessel,  or  in  the 
discharge  of  any  other  duty  as  harbor  master,  shall,  on  con- 
viction, forfeit  and  pay  any  sum  not  exceeding  one  hundred 
dollars. 

1445-  When  Harbor  Master  May  Take  Charge  of 
Vessel.]  § 6.  If  no  master,  owner  or  agent  shall  appear 
and  take  charge  of  any  boat,  or  raft  lying  at  any  of  the  public 
landings,  the  harbor  master  shall  take  charge  thereof;  and  if, 
in  his  opinion,  the  public  convenience  or  the  safety  of  the  boat 
or  raft  require  it,  he  shall  cause  the  same  to  be  removed  to 
such  place  as  he  shall  deem  advisable  at  the  expense  of  the 
owner 

1446-  Unless  Charges  Paid  — Vessel  Sold  — When.] 

§ 7.  That  all  boats  and  rafts  shall  be  retained  in  the  custody 
of  the  harbor  master  until  all  fines,  forfeitures  and  charges  men- 
tioned in  the  preceding  section  of  this  article,  and  all  charges 
for  wharfage,  shall  be  paid  by  the  owner,  or  person  having 
charge  thereof;  and  if  said  fines,  forfeitures  and  charges  are 
not  paid  within  twenty-four  hours,  the  harbor  master  shall  sell 
every  such  boat  or  raft  at  public  auction,  to  the  highest  bidder 
for  cash,  first  having  given  at  least  ten  days’  previous  notice 
of  the  time  and  place  of  said  sale,  by  posting  up  notices  of  the 
same  in  three  of  the  most  public  places  in  said  city. 

1447.  Proceeds  Paid  to  City  Treasurer.]  § 8.  That 
the  proceeds  of  every  such  sale,  after  deducting  such  fines, 
forfeitures,  costs,  charges  and  costs  of  sale,  shall  be  paid  by 
the  harbor  master  into  the  city  treasury,  and  such  proceeds 
shall  be  paid  by  the  treasurer  to  any  person  authorized  to  re- 
ceive the  same,  on  the  presentment  of  any  order  from  the  city 
council,  signed  by  the  mayor  and  countersigned  by  the  city 
clerk:  Provided,  the  same  shall  be  claimed  within  twelve 
months  after  such  sale. 


5§4 


Ordinances. 


1448-  Obstructing  Landing  — Seizure  of  Freight  — 
Penalty.]  § 9.  That  no  person,  without  permission  from 
the  harbor  master,  shall  keep  or  cause  to  remain  at  any  of  the 
public  landings  in  said  city,  any  timber,  wood,  lumber,  brick, 
sand,  stone,  coal,  or  any  other  article  or  thing  whatever,  so  as 
to  occupy,  obstruct  or  encumber  any  such  landings  for  a 
longer  time  than  twenty-four  hours;  and  the  same  shall  be 
liable  to  be  removed  at  any  time  when  necessary  for  the  public 
good,  upon  the  order  of  the  harbor  master,  if  the  owner  or 
agent  of  the  same  can  be  found  in  the  city;  and  upon  the  re- 
fusal or  neglect  of  the  owner  of  any  such  articles  or  commod- 
ities, as  contemplated  in  this  section,  to  remove  the  same  by  the 
time  specified,  or  upon  the  order  aforesaid,  it  shall  be  and  it  is 
hereby  made  the  duty  of  the  harbor  master,  after  the  expira- 
tion of  the  said  twenty-four  hours,  or  after  the  notice  of  the 
order  of  said  harbor  master,  to  have  the  same  removed  to 
some  suitable  place,  where  it  may  be  safely  kept  until  all  fines, 
forfeitures,  fees  and  charges  shall  be  paid:  Provided , that  if 
any  property  so  taken  be  not  paid  for  or  released  within  ten 
days  after  its  removal  by  the  said  officer,  he  shall,  after  giving 
ten  days’  notice  thereof,  by  posting  up  notices  in  three  of  the 
most  public  places  in  said  city,  proceed  to  sell  the  same  at 
public  auction  to  the  highest  and  best  bidder  for  cash,  and, 
after  deducting  a reasonable  compensation,  which  is  hereby 
allowed  to  him,  and  all  necessary  expenditures  in  removing, 
keeping  and  selling,  together  with  ten  per  centum  commission 
on  the  amount  of  the  sale,  pay  the  balance  of  the  proceeds  of 
such  sale  into  the  city  treasury  within  ten  days  thereafter; 
and  the  treasurer  shall  pay  the  same  out  in  the  manner  pro- 
vided for  in  the  preceding  section. 

1449.  Fines,  Etc. — Lien  on  Boat.J  § 10.  That  for  all 
proper  charges,  fines  and  forfeitures,  and  cost  and  expenses 
incurred  by  the  harbor  master  in  removing  and  taking  care  of 
any  raft,  boat,  vessel,  craft  or  other  property  by  virtue  of  this 


Harbor. 


585 


article,  a lien  is  hereby  created  against  any  such  raft,  boat, 
vessel,  craft  or  other  property,  and  no  alienation  or  transfer  of 
the  same  shall  effect  the  said  lien. 

1450.  Freight  Kept  on  Landing — How  Long.]  § 11. 

That  this  article  shall  not  be  so  construed  as  to  prohibit,  or 
prevent  the  landing,  or  deposit  for  shipment,  of  any  goods, 
merchandise,  lumber,  or  any  other  article,  products  or  materi- 
als of  trade  or  business;  but  no  person,  or  persons  shall  occupy 
or  encumber  any  part  of  such  landing  places  with  any  such 
articles  or  materials  for  a longer  period  than  is  necessary  for 
the  purpose  of  shipment,  under  the  penalty  as  heretofore  pro- 
vided in  this  article. 

1451.  Rates  of  Wharfage.]  § 12.  That  the  following 
rates  of  wharfage  shall  be  levied  and  collected  by  the  harbor 
master  for  the  use  of  the  city,  to- wit: 

First.  From  the  master,  or  person  in  charge  of  every 
steamboat  which  may  land  at  any  of  the  public  landings,  the 
sum  of  two  dollars  for  each  and  every  landing,  and  remaining 
twenty-four  hours  or  less;  and  two  dollars  for  every  succeed- 
ing twenty-four  hours  or  less  the  same  may  remain. 

Second.  From  the  owner  or  person  in  charge  of  every 
keel  boat,  canal  boat,  flat  boat,  barge,  scow,  flat  or  other  craft, 
which  may  land  at  any  of  the  public  landings,  the  sum  of  one 
dollar  for  each  and  every  landing,  and  remaining  twenty-four 
hours  or  less;  and  one  dollar  for  every  succeeding  twenty-four 
hours  or  less  the  same  may  remain. 

Third.  From  the  owner  or  person  in  charge  of  every  raft 
landing,  containing  twenty-five  thousand  feet  or  less,  the  sum  of 
three  dollars  for  each  and  every  landing,  and  remaining  forty- 
eight  hours  or  less;  and  the  sum  of  three  dollars  for  every 
succeeding  forty-eight  hours  or  less  the  same  may  remain. 

1452.  Harbor  Master’s  Account — Report — Payment  to 

Treasurer,  Etc.  | § 13.  That  the  harbor  master  shall  enter 

in  a book  kept  for  that  purpose  all  money  received  by  virtue 


586 


Ordinances. 


of  this  article,  the  names  of  persons,  or  boats  from  whom  the 
same  is  received,  the  specific  amount  from  each  and  for  what 
so  received,  and  shall  account  to  the  city  council,  at  their  stated 
meetings,  for  the  same;  the  amount  accruing  to  the  city  shall 
immediately  be  paid  into  the  city  treasury  by  the  harbor  mas- 
ter, and  the  tieasurer’s  receipt  therefor  filed  with  the  city 
comptroller. 

1453.  Injuring  or  Obstructing  Landing — Penalty.]  § 14. 

That  if  any  person  shall  deface,  or  in  any  manner  injure  any 
post,  ring  or  other  appurtenance  to  the  public  landings,  or  do 
or  cause  to  be  done  any  act  tending  in  any  manner  to  obstruct 
or  injure  the  public  landings,  by  depositing  in  the  water  or  on 
the  shore  any  manure,  filth,  rubbish,  earth  or  other  thing,  he 
shall  forfeit  and  pay  a sum  of  not  less  than  one  dollar,  nor  more 
than  one  hundred  dollars,  for  every  such  offense,  and  pay  all 
expenses  of  repairing  or  replacing  the  thing  injured  and  of 
removing  all  obstruction  deposited  as  aforesaid. 

1454.  Refusal  to  Pay  Wharfage — Penalty.]  § 15.  That 
if  the  master,  owner,  or  person  in  charge  of  any  steamboat, 
shall  land  his  boat  at  any  of  the  public  landings  in  said  city, 
and  refuse,  on  demand  made  by  harbor  master,  to  pay  the 
wharfage  provided  for  by  this  article,  he  shall,  on  conviction, 
fotfeit  and  pay  the  sum  of  ten  dollars  and  the  further  sum  of 
ten  dollars  for  every  hour  his  boat  shall  lie  at  any  of  said  land- 
ings after  his  said  first  conviction,  and  until  his  said  wharfage 
is  paid;  and  if  the  owner  or  person  in  charge  of  any  other 
boat  or  raft  mentioned  in  this  article  shall  land  the  same  at 
any  of  said  landings,  and  refuse  on  demand  made  by  the  har- 
bor-master, to  pay  the  wharfage  provided  for  by  this  article^ 
he  shall  on  conviction,  forfeit  and  pay  the  sum  of  five  dollars, 
and  the  further  sum  of  five  dollars  for  every  hour  such  boat  or 
raft  shall  remain  at  any  of  the  public  landings  after  his  said 
first  conviction,  and  until  the  wharfage  is  paid. 


Harbor. 


s§7 


1455-  Wharfage  Not  Chargeable  When  River  Frozen.] 

§ 1 6.  That  the  provisions  of  this  article,  so  far  as  the  same 
relate  to  the  collection  of  wharfage,  shall  not  extend  to  boats 
lying  at  the  public  landings  when  the  navigation  of  the  Illinois 
river  is  closed  by  ice,  so  that  any  such  boats  cannot  leave  the 
landing:  Provided,  that  no  boats  except  steamboats  shall 

occupy  the  landing  between  Main  and  Fulton  streets,  nor  at 
the  termination  of  said  streets,  whether  the  said  river  or  lake 
be  frozen  over  or  not;  nor  shall  wharfage  be  collected  from 
canal  or  other  boats  licensed  by  the  city  to  sell  lumber  and 
other  merchandise : Provided,  said  boats  do  not  occupy  the 

landing  over  five  days  at  one  time,  under  any  such  license. 

1456.  Wharf  Boat — License— Penalty.]  §17.  That  it 
shall  not  be  lawful  for  any  person  or  persons,  or  body  corpor- 
ate, to  place  or  keep  a wharf-boat  at  any  of  the-  public  land- 
ings in  said  city,  without  first  having  obtained  a license  for 
that  purpose  from  said  city;  and  any  person  wishing  to  keep  a 
wharf-boat  at  any  of  the  said  landings  shall  apply  tor  permis- 
sion, in  writing,  to  the  mayor  and  city  clerk,  designating  the 
place  at  which  he  wishes  to  keep  such  wharf-boat,  and  the 
mayor  may,  in  his  discretion,  grant  a license  for  one  year  for 
the  sum  of  fifty  dollars,  subject  to  such  regulations  and  re- 
strictions as  the  council  may  deem  expedient.  Any  person 
violating  this  section  shall  forfeit  and  pay  not  less  than 
twenty-five  dollars  for  every  offense. 

1457.  Fish  Boat — Staging,  Etc. — License — Penalty. 

§ 18.  That  it  shall  not  be  lawful  for  any  person  or  persons  to 
place  or  keep  a fish-boat,  or  boats  at  the  public  landing  in  said 
city,  for  the  purpose  of  selling  and  retailing  fresh  fish  thereat, 
without  first  having  obtained  a license  so  to  do  as  herein  pro- 
vided; and  any  person  violating  this  section  shall  forfeit  and 
pay  any  sum  not  exceeding  twenty-five  dollars  for  every 
offense. 

1458.  License  Fee.]  § 19.  That  licenses  may  be  granted 
for  the  purposes  set  forth  in  the  preceding  section,  for  the  term 


588 


Ordinances. 


of  one  year,  for  the  sum  of  one  dollar  and  fifty  cents  per  foot, 
for  every  foot  of  the  said  landing,  occupied  by  any  fish-boat  or 
other  craft,  staging  or  thing:  Provided , that  no  person  or 
persons  shall  be  permitted  to  occupy  more  than  forty  feet  of 
said  public  landing  under  any  one  license. 

1459.  Harbormaster  to  Assign  Place  to  Licensee.] 
§ 20.  That  no  person  shall  use  or  occupy  any  portion  of  the 
public  landing  under  any  license  herein  authorized  to  be 
granted  until  the  harbormaster  shall  assign  to  the  person,  or 
persons  having  such  license  the  place  at  said  landing  to  be  oc- 
cupied by  said  fish-boats,  or  other  craft,  staging  or  thing: 
Provided , that  no  fish-boat,  or  other  craft,  staging  or  thing 
shall  be  assigned  any  part  of  the  public  landing  so  as  to  inter- 
fere with  steamboats  or  other  craft  required  to  pay  wharfage 
for  landing  thereat. 

1460.  Depositing  Offal,  Etc.,  in  River — Penalty.]  §.  21. 

It  shall  not  be  lawful  for  any  person  owning  or  having  charge 
of  any  fish-boat  or  other  craft  or  thing,  to  throw  or  deposit,  or 
cause  to  be  thrown  or  deposited,  on  said  public  landing, 
or  discharge  into  Lake  Peoria  or  the  Illinois  river,  any 
dead  fish,  offal  or  other  thing  which  shall  produce  an  offen- 
sive or  nauseous  smell,  or  which  may  affect  the  purity  of  the 
water  in  said  lake  or  river,  and  every  person  violating  this 
section  shall  forfeit  and  pay  not  less  than  three  dollars,  nor 
more  than  twenty- five  dollars,  for  every  offense;  and  every 
person  licensed  to  keep  any  fish  boat,  or  other  craft,  or  thing 
at  said  landing,  shall  be  responsible  for  all  dead  fish,  offal  or 
filth  that  may  be  found  at  or  near  his  boat  or  other  cratt,  un- 
less he  can  show  that  some  other  person  placed  the  same 
there  without  his  knowledge  and  consent. 

1461.  Money  to  Go  to  Harbor  Fund.]  § 22.  That 
all  money  collected  and  paid  into  the  city  treasury  by  virtue 
of  this  article  shall  be  set  apart  as  a separate  and  distinct  fund, 
to  be  called  the  harbor  fund,  and  shall  not  be  used  or  appro- 
priated for  any  other  purpose  than  the  improvement  of  the 
landings  aforesaid. 


Health. 


589 


ARTICLE  24. 

HEALTH. 


Sectio 

1462.  Contagious  Disease— Report  to  Com- 

missioner-Penalty. 

1463.  Person  with  Contagious  Disease  — 

Keep  off  Street— Penalty. 

1464.  Physician  — Disinfect  his  Clothes — 

Penalty. 

1465.  Contagious  Disease  — Not  to  Be 

Brought  into  City— Penalty. 

1466.  Contagious  Disease— Who  May  Enter 

House— Penalty. 

1467.  Death  from  Contagious  Disease  — 

Burial— Attending  Funeral. 

1468.  Infectious  Disease  — Vacation  of 

Premises  Enforced,  When. 

1469.  Ventilation — Cleanliness  — Tempera- 

ture of  Stoves. 

1470.  Privies,  etc.,  to  be  Provided. 

1471.  Cellar  or  Place  Illy  Ventilated. 

1472.  Light— Ventilation  — Cleanliness  of 

Leased  Premises. 

1473.  Connection  with  Sewers. 

1474.  Structures  Connected  With  Sewers— 

Construction  of. 

1475.  Cesspools,  etc.— Construction. 

1476.  Garbage,  etc.  — Not  to  Fall  Upon 

Street. 

1477.  Slaughtering,  etc. — Manner  of. 

1478.  Slaughtering  Prohibited — Where. 

1479.  Slaughter  or  Exposure  on  Streets 

Prohibited. 

1480.  Slaughtering  Place  — Removal  of 

Blood,  Offal,  etc. 

1481.  Slaughter  House  not  to  be  Used  for 

Dwelling  Without  a Permit. 

1482.  Slaughter  House  — Ventilation  — 

Floors — 

1483.  Offal  or  Butcher’s  'Refuse— Convey- 

ance of. 

1484.  Public  Pound — Care  of  Animals. 

1485.  Matter  Offensive.  Not  to  be  Opened, 

etc.,  When — Permit. 

1486.  lntra  Mural  Burial— Prohibited. 

1487.  Privy  Vault— Requirements. 

1488.  Privy — Offensive — Penalty. 

1489.  Depositing  Garbage— Penalty. 

1490.  Polluting  River— Penalty. 

1491.  Failure  to  Comply  With  Order  of 

Board — Proceedings. 

1492.  Cesspool— Cleansing  of  Same— Dis- 

position of  Contents — Penalty. 

1493.  Slops,  etc.,  Thrown  on  Street,  etc. — 

Penalty. 

1494.  Stable,  etc.,  Offensive— Penalty. 

1495.  Cesspool  Not  to  be  Filled  Until 

Cleaned  -Penalty. 


Section. 

1496.  Privy  Vault,  etc.— Hours  for  Empy- 

ing. 

1497.  Noxious  Floating  Matters — Exclusion 

from  Streets. 

1498.  Offensive  Occupations— Permit. 

1499.  Livery  Stables— Prohibited  in  Cer- 

tain Places. 

1500.  Rendering — Deodorizing. 

1501.  Rendering— How  Conducted. 

1502.  Manufactures  Generating  Offensive 

Gases,  etc. 

1503.  Animals  Kept— Ventilation  and  Food. 

1504.  Stables,  etc.  — Cleanliness  of  — In- 

fected Animal. 

1505.  Offensive  Matter,  Disinfected  Before 

Removal. 

1506.  Passage  of  Vehicles  on  Streets — 

Storage  of. 

1507.  Removal  of  Offensive  Matters — Disin- 

fection of  Vehicles. 

1508.  Construction  of  Carts,  etc. 

1509.  Noxious  Refuse,  Deposit  of — When 

Prohibited. 

1510.  Offensive  Matter,  Disinfected  Before 

Removal. 

1511.  Deposit  of  Offensive  Matters— Prohib- 

ited—Manure. 

1512.  Diseased  or  Sickly  Animal — Not  to 

be  Brought  in. 

1513.  Impure  Ice— Sale  of  Prohibited. 

1514.  Dead  Animal — Deposit  of— Penalty. 

1515.  Dead  Animal— Owner,  etc.,  to  Re- 

move on  Notice — Penalty. 

1516.  Dead  Animal  on  Lot— Owner  to  Re- 

move— Penalty. 

1517.  Dead  Animal — Police  to  Remove — 

When. 

1518.  Skinning  Dead  Animal — Prohibited. 

1519.  Manufactories,  etc.  — Removal  of 

Ashes — Smoke,  Cinders,  etc.,  not  to 
Escape. 

1520.  Dead  Body,  Not  to  be  Retained  or 

Exposed. 

1521.  Animal  or  Thing  Imperiling  Health — 

Exposure  Prohibited. 

1522.  Animal  or  Thing  Occasioning  Nuis- 

ance— Keeping  Prohibited. 

1523.  Building,  etc.,  Causing  Nuisance, 

Prohibited. 

1524.  Premises  Offensive— Penalty. 

1525.  Business  Causing  Nuisance,  Prohib- 

ited. 

1526.  Penalties. 

1527.  Ambulances— Right  of  Way— Obstruc  - 

tions  of — Penalty. 

1528.  Enforcing  of  This  Article— Duty  of 

Officer. 


59° 


Ordinances. 


1462.  Contagious  Disease — Report  to  Commissioner 
— Penalty.]  § i.  Every  physician,  or  other  person,  atten- 
dant upon  any  case  of  contagious,  infectious  or  pestilential 
disease,  shall  within  twenty-four  hours  after  first  having 
knowledge  of  the  same,  report  every  such  case  to  the  com- 
missioner of  health,  stating  the  name  and  describing  the  local- 
ity of  the  person  affected  and  the  nature  of  the  disease,  so  that 
he  or  she  may  be  easily  found;  and  for  any  neglect  or  failure 
to  so  report  such  person  shall  be  fined  not  less  than  ten  dol- 
lars, nor  more  than  fifty  dollars. 

1463.  Person  With  Contagious  Disease — Keep  Off 
Street— Penalty.]  § 2.  Any  person  having  any  dangerous, 
contagious,  or  infectious  disease,  who  shall  wilfully  expose  him- 
self in  the  public  streets,  public  places,  conveyances  or  vehicles, 
while  in  danger  of  giving  the  disease  to  others,  and  any  driver 
or  owner  of  such  vehicles  or  conveyances,  who  does  not  imme- 
diately disinfect  the  same  after  conveying  such  diseased  per- 
son, and  any  person  who  gives,  lends,  sells,  transmits,  conveys, 
or  exposes  any  clothing,  rags,  bedding  or  other  thing,  which 
have  been  exposed  to  infection  or  contagion,  shall  be  liable  to 
a fine  of  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars. 

1464.  Physician,  Disinfect  His  Clothes — Penalty.]  § 3. 

Any  physician,  nurse  or  other  person,  attending,  or  being 
about  any  person  having  any  contagious  or  infectious  disease, 
who  shall  not  change  or  purify  his  wearing  apparel  before 
going  upon  any  street  or  into  any  public  place,  or  shall  other- 
wise so  conduct  himself  as  to  endanger  the  spreading  of  the 
disease,  shall,  for  each  and  every  such  offense  be  liable  to  a 
fine  of  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars. 

1455  Contagious  Disease  — Not  to  be  Brought  Into 
City — Penalty.]  § 4.  Whoever  shall  bring  into  the  city,  or 
aid  or  assist  in  bringing  into  the  city,  any  dangerous,  contag- 


Health. 


591 


ious  or  infectious  disease,  or  any  clothing,  bedding,  or  other 
article  or  thing  infected  with,  or  which  has  been  exposed  to 
infection  with  any  contagious  or  infectious  disease,  shall,  upon 
conviction,  be  fined  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars. 

1466.  Contagious  Disease  — Who  May  Enter  House 
— Penalty.]  § 5.  No  person  other  than  the  attending  phy- 
sician, and  those  having  the  written  permission  of  the  commis- 
sioner of  health,  shall  remain  in,  enter  or  depart  from,  any 
house  where  any  person  is  sick  with  any  contagious  or  infec- 
tious disease,  or  while  the  corpse  of  any  person  who  shall  have 
died  of  such  disease  is  within  the  house,  nor  within  ten  days 
after  such  corpse  shall  have  been  removed,  or  the  person  sick 
therewith  has  become  entirely  recovered  of  such  disease,  and 
said  building,  the  clothing,  beds,  and  other  household  goods 
therein,  shall  have  been  thoroughly  disinfected  or  otherwise 
disposed  of  to  the  satisfaction  of  the  board  of  health;  and  any 
person  violating  this  section  shall  be  subject  to  a fine  of  not 
less  than  five  dollars,  nor  more  than  fifty  dollars. 

1467.  Death  from  Contagious  Disease  — Burial  — At- 
tending Funeral,]  § 6.  When  any  person  shall  have  died 
of  any  contagious  or  infectious  disease,  the  corpse  shall  be  buried 
within  thirty-six  hours  after  death,  and  shall  not  be  removed 
from  the  building  where  such  person  died  until  removed  for 
burial,  and  shall  then  be  taken  immediately  to  the  place  of 
burial,  without  being  taken  into  any  church  or  other  building; 
and  the  commissioner  of  health  shall  so  specify  in  the  burial 
permit;  and  it  shall  be  unlawful  for  any  person,  or  persons, 
other  than  the  near  relatives  of  the  deceased  person,  and  six 
other  adult  persons,  to  attend  the  funeral  of  any  person  who 
shall  have  died  of  any  contagious  or  infectious  disease. 

1468.  Infectious  Disease  — Vacation  of  Premises  En- 
forced — When.]  § 7.  Whenever  it  shall  be  decided  by  the 
board  of  health,  that  any  building,  or  part  thereof,  is  unfit  for 


592 


Ordinances. 


human  habitation,  by  reason  of  its  being  so  infected  with  dis- 
ease, or  from  other  causes,  as  to  be  likely  to  cause  sickness 
among  the  occupants,  and  notice  of  such  decision  shall  have 
been  affixed  conspicuously  on  such  building,  or  the  part  there- 
of so  decided  to  be  unfit  for  human  habitation,  and  personallv 
served  upon  the  owner,  agent  or  lessee,  if  the  same  can  be 
found  in  the  city,  requiring  all  persons  therein  to  vacate  such 
building,  or  part  thereof,  for  the  reasons  to  be  stated  therein, 
as  aforesaid,  such  building,  or  part  thereof,  shall,  within  ten 
days  thereafter,  be  vacated,  or  within  such  shorter  time,  not 
less  than  twenty-four  hours,  as  in  said  notice  may  be  specified. 

1469-  Ventilation  — Cleanliness  — Temperature  of 
Stores  — Etc.]  § 8.  That  no  person,  being  the  owner,  pro- 
prietor, lessee,  manager  or  superintendent  of  any  store,  factory, 
workshop  or  other  structure  or  place  of  employment  where 
workmen  and  workwomen  are  employed  for  wages,  shall  cause, 
permit,  or  allow  the  same  or  any  portion  or  apartment  of,  any 
room  therein,  to  be  overcrowded  or  inadequate,  or  faulty,  or 
insufficient  in  respect  to  ventilation  or  cleanliness;  and  in  every 
such  building  or  apartment,  or  room  in  any  such  building, 
where  one  or  more  persons  are  employed,  as  aforesaid,  at 
least  five  hundred  cubic  feet  of  air  space  shall  be  allowed  to 
each  and  every  person  employed  therein,  and  the  air  changed 
or  renewed  by  ventilation  at  least  once  in  every  twenty  min- 
utes during  the  hours  of  employment;  and  any  such  owner, 
proprietor,  lessee,  manager  or  superintendent,  shall  cause 
every  part  thereof  in  which  any  person  may  work  to  be  main- 
tained at  such  a temperature  and  be  provided  with  such  ac- 
commodations and  safeguards,  as  not  by  any  reason  of  the 
want  thereof,  or  anything  about  the  condition  of  any  such 
premises  or  its  appurtenances,  to  cause  unnecessary  danger  or 
detriment  to  the  health  of  any  person  being  properly  therein 
or  thereat. 

1470*  Privies  — Etc.  — To  be  Provided.]  § 9.  All 

such  places  of  employment  or  service  shall  be  provided  with 


Health. 


593 


sufficient  and  separate  privies  and  urinals  for  male  and  female 
employes,  and  such  privies  shall  be  ventilated  and  kept  in  a 
clean  and  inoffensive  condition. 

1471-  Cellar  or  Place  Illy  Ventilated.]  § io.  That 
no  person,  having  the  right  and  power  to  prevent  the  same, 
shall  knowingly  cause,  or  permit  any  person  to  sleep  or  re- 
main in  any  cellar  or  in  any  place  dangerous  or  prejudicial  to 
health,  by  reason  of  want  of  ventilation  or  drainage,  or  by  rea- 
son of  the  presence  of  any  poisonous,  noxious  or  offensive  sub- 
stances, or  otherwise. 

1472.  Light  — Ventilation  — Cleanliness  of  Leased 
House.]  § ii.  That  no  person,  whether  owner,  agent, 
lessee  or  otherwise,  in  control  of  any  building,  or  any  part 
thereof,  shall  lease  or  let  or  hire  out  the  same,  or  any  portion 
thereof,  to  be  occupied  by  any  person,  or  allow  the  same  to 
be  occupied  by  any  person,  or  allow  the  same  to  be  occupied 
as  a place  in  which  any  one  may  dwell  or  lodge  unless  such 
buildings,  or  such  parts  thereof,  are  sufficiently  lighted,  venti- 
lated, provided  and  accommodated  and,  in  all  respects  in  that 
condition  of  cleanliness  and  wholesomeness  for  which  the  ordi- 
nances of  the  city,  or  any  law  of  this  State  provides,  or  in 
which  they,  or  either  of  them  require  any  such  premises  to 
be  kept. 

1473.  Connection  With  Sewers.]  § 12.  Every  house 
situated  upon  a lot  or  street  in  which  there  is  a sewer,  shall 
have  all  water  closets,  privies,  vaults,  cess  pools,  sinks  and 
drains  furnished  with  a poper  connection  with  the  sewer, 
which  connection  shall  be,  in  all  parts,  adequate  for  the  pur- 
pose, as  to  permit  entirely  and  freely  to  pass  whatever  enters 
the  same. 

1474.  Structures  Connected  With  Sewers — Construc- 
tion of.]  § 13.  That  no  water  closet,  sink,  tub,  vat  or  other 
structure  shall  hereafter  be  constructed  within  the  city  of 
Peoria,  having  connection  with  or  by  any  sewer  or  under- 

39 


594 


Ordinances. 


ground  passage,  unless  the  same  is  provided  with  adequate, 
or  the  best  generally  approved,  constructions  and  precautions 
for  preventing  gases  and  other  offensive  currents,  substances 
and  smells  from  passing  up  or  out  through  such  connection 
from  such  sewer  or  passage;  nor  shall  any  such  water  closet 
or  privy  be  constructed  without  adequate  provision  for  the 
effectual  and  proper  ventilation  and  cleansing  thereof. 

1475.  Cess  Pools,  Etc. — Construction.]  § 14.  That 
every  vault  and  cess  pool,  upon  any  lot  or  premises  adjacent 
to  a sewer,  shall  be  made  water  tight. 

1476.  Garbage,  Etc. — Not  to  Fall  Upon  Street.]  § 15. 

That  no  garbage,  swill,  offal,  manure  or  other  offensive  sub- 
stance, nor  any  ashes  01  dirt  shall  by  any  person,  be  allowed 
to  run  or  fall  from  out  of  any  building,  vehicle  or  erection  into 
or  upon  any  street  or  public  place. 

1477.  Slaughtering,  Etc. — Manner  of.]  §16.  That,  the 
keeping  and  slaughtering  of  all  cattle,  and  the  preparation  and 
keeping  of  all  meat  and  fish,  birds  and  fowls  shall  be  in  that 
manner  which  is,  or  is  generally  reputed  or  known  to  be,  best 
adapted  to  secure  and  continue  their  safety  and  wholesomeness 
as  food. 

1478.  Slaughtering — Prohibited  Where.]  § 17.  The 

slaughtering  of  cattle,  sheep,  hogs  or  other  animals  shall  not 
be  permitted  or  conducted  at  any  place  in  -the  city  of  Peoria 
without  a special  permit  from  the  city  council. 

1479.  Slaughter  or  Exposure  on  Streets  Prohibited.] 

§ 18.  That,  no  cattle,  sheep,  hogs  or  other  animals  shall  be 
slaughtered  or  the  meat  or  any  part  thereof,  dressed  or 
hung  within  said  city,  wholly  or  partly  within  any  street, 
avenue  or  sidewalk,  or  public  alley  or  place;  nor  shall  any  such 
meat  be  carried  or  conveyed  upon,  or  along,  any  of  the  public 
streets  or  alleys  of  the  city,  in  the  day  time,  unless  the  same  is 
protected  in  such  manner  as  to  conceal  it  from  public  view, 
nor  shall  any  blood  or  dirty  water  or  other  substance  from 


Health. 


595 


such  cattle,  meat,  or  place  of  killing,  or  the  appurtenances 
thereof,  be  allowed  to  run,  fall  or  to  be,  in  any  such  street,  ave- 
nue, sidewalk,  alley  or  place. 

1480.  Slaughtering  Place — Removal  of  Blood,  Offal, 

Etc.  ] § 19.  That  every  person  owning,  leasing,  or  occupy- 

ing any  place,  room  or  building,  where  any  animals  have  been 
or  are  killed  or  dressed,  and  every  person  owning,  leasing  or 
occupying  any  room,  stable  or  yard  where  any  such  animals 
may  be  kept,  and  having  power  and  authority  to  do  so,  shall 
cause  such  place,  room,  stable,  building,  yard  and  their  ap- 
purtenances, to  be  thoroughly  cleansed  and  purified,  and  all 
offal,  blood,  fat,  garbage,  refuse  and  unwholesome  or  offensive 
matter,  to  be  removed  therefrom  at  least  once  in  every  twenty- 
four  hours  after  the  use  thereof  for  any  of  the  purposes  here- 
in referred  to,  and  shall,  also,  at  all  times  keep  all  woodwork, 
except  floors  and  counters,  in  any  such  building  or  place  afore- 
said, thoroughly  painted  or  whitewashed. 

1481.  Slaughter  House  Not  to  be  Used  for  a Dwell- 
ing Without  a Permit.]  § 20.  That,  no  building  occu- 
pied wholly  or  in  part  as  a slaughter  house,  or  any  part  there- 
of, or  any  building  on  the  same  lot  shall,  without  a special 
permit  from  the  commissioner  of  health,  be  occupied  for  a 
dwelling  or  lodging  place. 

1482.  Slaughter  House — Ventilation — Floors.]  § 21. 

That  every  building,  used  in  whole  or  in  part,  as  a 
slaughter  house  or  a place  for  slaughtering  animals  shall, 
at  all  times,  be  kept  adequately  and  thoroughly  ventilated; 
that  no  blood  shall  be  allowed  to  remain  therein  longer 
than  twelve  hours  after  the  killing  of  the  animal  from 
which  such  blood  came;  the  floors  of  such  building  on 
which  the  slaughtering  is  done,  and  the  yard,  shall  be  ce- 
mented and  paved  so  as  not  to  absorb  blood,  or  any  liquid 
matter,  and  shall  be  so  arranged  as  to  collect  all  liquid,  and  the 
same  shall  be  disposed  of  so  as  not  to  become  or  be  offen- 


sive. 


5 96 


Ordinances. 


1483.  Offal  or  Butcher’s  Refuse — Conveyance  of.j  § 

22.  That  no  offal  or  butcher’s  refuse  shall  be  conveyed 
through  any  street,  alley  or  other  public  place  within  said  city 
between  the  hours  of  ten  o’clock  a.  m.  and  ten  o’clock  p.  m., 
and  that  no  offal  or  refuse  shall  be  conveyed  at  any  time  un- 
less the  same  be  in  tight  boxes,  barrels  or  vessels,  from  which 
no  odor  shall  escape. 

1484.  Public  Pound — Care  of  Animals.]  § 23.  That, 
no  keeper  of  any  public  pound  in  said  city,  shall  allow  the 
same  or  any  animal  therein,  by  reason  of  any  want  of  care, 
food,  ventilation  or  cleanliness,  or  otherwise,  to  become  or  be 
dangerous  or  detrimental  to  human  health. 

1485.  Matter  Offensive  — Not  to  be  Opened,  Etc. — 
When — Permit.]  § 24.  That,  no  ground  or  material  filled 
with,  offensive  substance  or  matter,  or  that  will  emit  or  allow 
to  arise  through,  or  from  the  same  any  offensive  smell  or  del- 
eterious exhalation,  shall  be  opened  or  turned  up,  or  the  sur- 
face thereof  removed,  between  the  first  day  of  May  and  the 
first  day  of  October  of  any  year;  except  according  to  permit 
first  obtained  from  the  commissioner  of  health. 

1486.  Intra  Mural  Burial — Prohibited.]  § 25.  It  shall 
be  unlawful  for  any  person,  to  bury  any  body,  or  bodies,  of  a 
human  being,  within  the  corporate  limits  of  said  city,  or  to 
deposite  any  such  body,  or  bodies,  in  any  vault  within  the 
limits  of  said  city. 

1487.  Privy  Vault — Requirements.]  § 26.  That  each 
and  every  tenement  in  said  city,  used  as  a dwelling  house, 
when  not  on  a lot  adjacent  to  a sewer,  shall  be  furnished,  by 
the  owner  or  the  agent  of  the  same,  with  a suitable  privy,  the 
vault  of  which  shall  be  sunk  under  ground  at  least  ten  feet 
deep,  and  shall  be  walled  up  with  brick  or  stone,  and  shall  be 
so  constructed  that  the  outside  of  said  wall  shall  be  at  least 
three  feet  distant  from  the  line  of  every  adjoining  lot,  unless 
the  owner  of  the  adjoining  lot  shall  otherwise  agree,  and  shall 


Health. 


597 


also  be  at  least  five  feet  distant  from  every  street,  alley,  lane, 
or  avenue,  and  such  vault  shall  not  be  allowed  to  fill  within 
six  feet  of  the  surface  of  the  ground. 

1488.  Privy — Offensive  — Penalty.]  § 27.  Whenever 
any  privy  in  said  city  shall  be  kept  in  such  condition  that  the 
smell  arising  therefrom  shall  become  offensive  to  any  portion 
of  the  citizens,  the  same  shall  be  deemed  and  declared  a nuis- 
ance, and  the  owner,  occupant  or  agent  of  the  lot  or  premises 
on  which  any  such  privy  is  located  shall,  upon  conviction,  be 
fined  in  any  sum  not  exceeding  ten  dollars,  nor  less  than  five 
dollars,  and  the  further  sum  of  ten  dollars  for  every  day  he 
shall  suffer  said  nuisance  to  continue  after  his  said  conviction, 

1489.  Depositing  Garbage  — Penalty.]  §28.  It  shall 
not  be  lawful  for  any  person  to  throw  or  deposit,  or  cause  to 
be  thrown  or  deposited,  at  any  place  in  said  city  any  vegeta- 
bles, meat,  slops,  animal  matter,  suds,  garbage,  filth,  stable 
drippings,  or  offal  of  any  kind,  which  will  produce  an  offen- 
sive smell,  or  whereby  the  health  of  any  portion  of  the  com- 
munity may  be  affected  or  endangered  ; and  every  person 
violating  the  provisions  of  this  section  shall  be  deemed  guilty 
of  perpetrating  a nuisance,  and  shall  forfeit  and  pay  not  less 
than  one  dollar,  nor  more  than  fifty  dollars  for  every  offense. 

1490.  Polluting  River  — Penalty.]  § 29.  Any  person 
who  shall  discharge  or  cause  to  be  discharged  into  the 
Illinois  river  or  Lake  Peoria,  within  the  limits  of  said  city, 
any  dead  animal,  offensive  substance,  or  thing  which  shall 
produce  an  offensive  or  nauseous  smell,  or  which  might  affect 
the  purity  of  the  water  or  endanger  the  health  of  any  portion 
of  the  citizens,  shall  be  deemed  guilty  of  creating  a nuisance  ; 
and  every  person  so  offending  shall,  on  conviction,  forfeit  and 
pay  not  less  than  one  dollar  nor  more  than  fifty  dollars  for 
every  offense.  And  it  shall  be  the  duty  of  the  superintendent 
of  police  to  cause  the  same  to  be  removed  immediately,  if 


598 


Ordinances. 


practicable,  and  charge  the  expense  thereof  to  the  offender  or 
offenders,  and  sue  for  and  collect  the  same  bv  action  of  debt 
in  the  name  of  the  city  of  Peoria. 

1491-  Failure  to  Comply  With  Order  of  Board — Pro- 
ceedings.] § 30.  Whenever  the  owner,  or  agent  of  any 
tenement  used  as  a dwelling  house,  or  for  business  or  manu- 
facturing purposes  in  said  city,  shall  neglect  the  notifications 
of  the  board  of  health  or  superintendent  of  police  with  regard 
to  abatement  of  nuisances  arising  from  privy  vaults,  sinks  or 
cess  pools,  said  board  may  order  the  same  cleaned  and  disin- 
fected within  ten  days  by  the  odorless  apparatus  or  machine, 
and  the  expense  shall  be  collected  by  an  action  of  debt  in  the 
name  of  the  city  of  Peoria. 

1492.  Cess  Pool — Clensing  Same — Disposition  of  Con- 
tents— Penalty.]  § 31.  It  shall  be  unlawful  for  any  person 
son,  firm  or  company,  to  empty  any  privy  vault,  sink,  cesspool 
or  other  receptacle  of  filth  located  in  said  city,  except  with  an 
odorless  machine,  apparatus  or  process,  which  machine,  appa- 
ratus or  process  must  have  been  approved  by  the  board  of 
health,  by  a certificate  in  writing,  issued  to  the  person,  firm  or 
company  proposing  to  engage  in  said  business,  by  the  said 
board  and  such  certificate  must  be  presented  to  the  mayor  be- 
fore any  license  shall  be  issued  for  said  business;  any  person, 
firm,  or  company  owning  or  operating  said  odorless  machine, 
apparatus  or  process  shall  be  allowed  a rate  not  exceeding 
three  dollars  per  cubic  yard,  for  all  matter  taken  from  such 
privy  vaults,  sinks  or  cesspools,  and  shall  be  required  to  de- 
ordorize  and  disinfect  such  vaults,  sinks  or  cesspools,  nor  shall 
any  such  person,  firm  or  company  be  permitted  to  empty  or 
deposit  the  contents  of  any  privy  vault,  sink  or  cesspool  in 
any  place  other  than  that  selected  by  the  commissioner  of 
health,  who  shall  at  all  times  have  exclusive  power  to  designate 
the  place  where  the  contents  of  any  such  privy  vault,  sink  or 


Health. 


599 


cesspool  shall  be  emptied  and  deposited ; and  any  person  violat- 
ing any  of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  perpetrating  a nuisance. 

1493.  Slops  Etc.,  Thrown  on  Street  Etc. — Penalty.] 

§ 32.  It  shall  not  be  lawful  for  any  person  in  said  city  to 
throw  or  deposit  or  cause  to  be  thrown  or  deposited,  any  slops, 
suds,  swill  or  other  liquid  substance,  on  or  about  the  premises 
or  lot  occupied  by  him,  in  such  manner  that  the  same  may  run 
or  be  washed  through,  or  upon  an  adjoining  lot,  premises,  street 
or  alley;  and  any  person  violating  this  section  shall  be  deemed 
guilty  of  perpetrating  a nuisance,  and,  on  conviction,  shall  for- 
feit and  pay  not  less  than  one  dollar  nor  more  than  fifty  dol- 
lars for  every  offense. 

1494.  Stable,  Etc. — Offensive — Penalty.]  § 33.  It  shall 
not  be  lawful  for  any  person  in  said  city  to  keep  any  hog  pen, 
chicken  coop,  sink,  cow-house,  stable,  or  other  thing  or  place, 
in  such  a condition  that  the  smell  arising  therefrom  shall  be 
offensive  to  any  person  or  neighborhood;  and  any  person  vio- 
lating this  section  shall  be  deemed  guilty  of  maintaining  a 
nuisance,  and,  on  conviction,  shall  forfeit  and  pay  not  less  than 
one  dollar  nor  more  than  fifty  dollars  for  every  offense. 

1495.  Cesspool — Not  to  be  Filed  Until  Cleaned — Pen- 
alty.]  § 34.  That  it  shall  be  unlawful  for  the  owner  or 
agent  of  any  tenement  used  as  a dwelling  house,  or  for  busi- 
ness or  manufacturing  purposes,  in  said  city,  to  cover  with 
earth  or  fill  up  any  abandoned  privy  vault,  sink  or  cesspool, 
connected  with  or  on  said  premises,  unless  the  same  shall  have 
been  thoroughly  cleaned  and  disinfected  by  an  odorless  appar- 
atus or  machine;  and  any  owner,  or  agent  refusing  or  neglect- 
ing to  comply  with  the  terms  of  this  section  shall  forfeit  and 
pay  the  sum  of  five  dollars,  and  the  further  sum  of  one  dollar 
per  day  until  the  conditions  of  this  section  are  complied  with. 

1496.  Privy  Vault,  Etc. — Hours  for  Emptying.]  § 35. 

No  privy,  or  privy  vault,  or  cess  pool,  shall  be  cleaned  or 


6oo 


Ordinances. 


emptied  at  any  other  time  than  between  the  hours  of  ten 
o’clock  p.  m.,  and  five  o’clock  a.  m„  and  the  contents  thereof 
shall  be  carefully  removed  and  transported  beyond  the  limits 
of  the  city,  by  means  of  air  tight  apparatus,  or  in  such  man- 
ner as  shall  prevent  entirely  the  escape  of  any  noxious,  or  of- 
fensive odors  therefrom. 

1497.  Noxious  Floating  Matters  — Exclusion  from 
Streets.]  § 36.  That  no  lime,  ashes,  coal,  dry  sand,  hair, 
feathers,  or  other  substances,  that  is  in  a similar  manner  liable 
to  be  blown  by  the  wind,  shall  be  seived,  or  agitated,  or  ex- 
posed; nor  shall  any  mat,  rug,  carpet  or  cloth  be  shaken  or 
beaten,  nor  any  cloth,  yarn,  garment,  or  material  or  substance 
be  scoured,  cleaned  or  hung,  nor  any  business  be  conducted 
over  or  in  any  street  or  public  place,  or  where  it  or  any  par- 
ticles, or  odors,  or  dust  therefrom,  or  set  in  motion  thereby 
will  pass  into  any  street  or  public  place,  or  into  any  occupied 
premises. 

1498.  Offensive  Occupations — Permit.]  § 37.  It  shall 
be  unlawful  for  any  person,  or  persons,  or  corporations,  to 
establish  or  maintain,  within  the  limits  of  the  city  of  Peoria,  or 
within  one  mile  thereof,  any  tallow  chandlery,  tannery,  soap 
factory,  or  place  for  bone  crushing,  bone  boiling,  bone  grind- 
ing, bone  burning,  shell  burning,  gut  cleaning  or  glue  making, 
and  it  shall  be  unlawful  to  steam,  boil  or  render  any  tainted 
lard,  tallow,  offal,  or  other  unwholesome  animal  substance 
without  first  obtaining  the  consent  of  the  city  council;  and 
whoever  shall,  having  first  obtained  such  permission  and  con- 
sent, so  conduct  or  carry  on  any  such  business  as  to  taint  the 
air  and  render  it  offensive  or  unwholesome,  or  so  as  to  affect 
the  health  or  comfort  of  persons  residing  in  the  neighborhood 
thereof,  shall  be  deemed  guilty  of  maintaining  a nuisance. 

1499.  Livery  Stables — Prohibited  in  Certain  Places.] 

§ 38.  That  it  shall  be  unlawful  for  any  person  to  build, 
erect,  place  or  construct  any  livery  stable  on  any  block  in  said 


Health, 


601 


city  on  which  are  erected  dwelling  houses  and  business  houses, 
or  either  of  them,  without  first  having  obtained  the  written 
consent  of  the  owners  of  the  largest  number  of  feet  fronting 
on  all  the  fronts  of  any  such  block,  and  also  the  consent  of  the 
city  council  of  said  city;  nor  shall  any  structure  or  building 
already  erected  on  any  such  block,  and  not  at  present  used  or 
occupied  as  a livery  stable,  be  hereafter  used  and  occupied  by 
any  person  as  and  for  a livery  stable,  without  first  having  ob- 
tained the  consent  as  herein  provided;  and  any  person  violat- 
ing the  provisions  of  this  section  shall  forfeit  and  pay  not  less 
than  fifty  dollars,  nor  more  than  one  hundred  dollars,  for  every 
offense,  and  the  further  sum  of  twenty-five  dollars,  for  every 
day  any  such  livery  stable  may  be  used  or  occupied  as  such 
after  the  first  conviction. 

1500-  Rendering — Deodorizing.]  § 39.  That  all  per- 
sons engaged  in  the  business  of  boiling  or  rendering  of  fat, 
lard  or  other  animal  matter,  shall  cause'  the  scraps  or  re- 
sidium  to  be  so  dried,  or  otherwise  prepared,  as  to  effectually 
deprive  such  material  of  all  offensive  odors,  and  to  preserve 
the  same  entirely  inoffensive,  immediately  after  the  removal 
thereof  from  the  receptacles  in  which  the  rendering  process 
may  be  conducted. 

1501.  Rendering — How  Conducted.]  § 40.  That  no 
fat,  tallow  or  lard  shall  be  rendered  except,  when  fresh  from 
the  slaughtered  animal,  and  in  a condition  free  from  sourness 
and  taint,  and  all  other  cause  of  offense  at  the  time  of  render- 
ing, and  that  all  melting  and  rendering  shall  be  done  in  steam 
tight  vessels,  the  gasses  and  odors  therefrom  to  be  destroyed 
by  combustion,  or  other  means  equally  effective,  and  accord- 
ing to  the  best  and  most  approved  means  and  processes;  and 
everything  preceding  and  following  and  in  connection  with 
such  melting  and  rendering,  and  the  premises  where  the  same 
shall  be  conducted,  must  be  free  from  all  offensive  odors,  and 
other  cause  of  detriment  to  the  public  health  and  comfort. 


602 


Ordinances. 


1502-  Manufacturers  Generating  Offensive  Gasses, 
Etc. — Special  Permit.]  § 41.  That  no  person  or  firm, 
or  corporation,  shall  hereafter  erect,  start  or  establish  in  said 
city,  without  the  consent  of  the  city  council,  any  manufactory 
or  place  of  business  for  boiling  any  varnish  or  oil,  or  for  mak- 
ing any  lampblack,  turpentine  or  tar,  or  for  conducting  any 
other  business  that  will  or  does  generate  any  unwholesome, 
offensive  or  deleterious  gas,  smoke,  deposit  or  exhalation,  or 
any  business  that  is  or  would  be  dangerous  to  life  or  detri- 
mental to  health. 

1503.  Animals  Kept — Ventilation  and  Food.]  § 42* 

That  no  cattle,  horses  or  other  animals  shall  be  kept  in  any 
place  in  which  the  water,  ventilation  and  food  are  not  sufficient 
and  wholesome  for  the  preservation  of  their  health  and  safe 
condition;  and  no  place  where  any  such  animals  are  kept  shall 
be  over-crowded. 

1504.  Stables,  Etc. — Cleanliness  of — Infected  Animal.] 

§ 43.  That  every  owner,  or  other  person  in  control  of  the 
same,  shall  cause  every  stable  or  place  where  any  cows,  horses 
or  other  animals  may  be,  to  be  kept  at  all  times  in  a clean  and 
wholesome  condition,  and  shall  not  allow  any  animal  to  be 
therein  while  infected  with  anv  disease,  contagious  or  pesti- 
lential among  such  animals. 

1505-  Offensive  Mattter — Disinfected  Before  Removal.] 

§ 44.  That  all  putrid  or  offensive  matter,  and  all  night  soil, 
and  the  contents  of  sinks,  privies,  vaults  and  cess  pools,  and 
all  noxious  substances  in  said  city,  shall,  before  their  removal 
or  exposure,  be  disinfected  and  rendered  inoffensive  by  the 
person  who  removes,  or  is  about  to  remove,  the  same. 

1506-  Passage  of  Vehicles  on  Streets  — Storage  of.] 

§ 45.  That  no  cart  or  other  vehicle  for  carrying  offal,  swill, 
garbage  or  rubbish,  or  the  contents  of  any  privy,  vault,  cess 
pool  or  sink,  or  having  upon  it,  or  in  it  any  manure  or  other 
nauseous  or  offensive  substance,  shall  remain  or  stand  in  or 


Health. 


603 


upon  any  public  place  or  street,  longer  than  is  necessary  for 
loading,  unloading  and  passing  along  any  street;  nor  shall  a 
needless  number  gather  before  any  building,  or  near  any  place 
of  business,  or  other  premises  where  any  person  may  be;  nor 
shall  any  such  cart  or  vehicle  occupy  any  unreasonable  length 
of  time  in  loading  or  unloading  or  in  passing  along  any  street, 
or  through  any  inhabited  place  or  ground;  nor  shall  any  such 
cart  or  vehicle,  or  the  driver  thereof,  of  anything  thereto  ap- 
pertaining, be  (or  by  any  person  having  a right  to  control  the 
same  be  allowed  to  be)  in  a condition,  needlessly  filthy  or  of- 
fensive; and  when  not  in  use,  all  such  carts  and  vehicles,  and 
all  implements  used  in  connection  therewith,  shall  be  stored 
and  kept  in  some  place  where  no  needless  offense  shall  be 
given  to  any  of  the  people  of  said  city. 

1507.  Removal  of  Offensive  Matters — Disinfection  of 
Vehicles.]  § 46.  That  no  driver  of  any  such  cart  or  ve- 
hicle, nor  any  person  having  undertaken,,  or  being  engaged 
about  the  loading  or  unloading  thereof,  nor  any  person,  or 
persons,  engaged  about  the  cleaning  or  emptying,  or  having 
undertaken  to  empty  or  remove  any  manure,  garbage,  offal, 
or  the  contents  of  any  vault,  sink,  privy,  cess  pool,  or  any 
noxious  or  offensive  substance,  shall  do  or  permit  to  be  done 
about  the  same,  or  in  connection  therewith,  that  which  sh  all 
be  needlessly  offensive  or  filthy  in  respect  to  any  person,  street, 
place,  building  or  premises,  and  all  carts  or  vehicles  shall  be 
thoroughly  disinfected  and  put  in  an  inoffensive  condition  when 
not  in  use. 

1508-  Construction  of  Carts,  Etc.]  § 47.  All  carts 
and  vehicles,  in  the  preceding  section  mentioned,  and  boxes, 
tubs  and  receptacles  thereon,  in  which  any  substance  in  said 
section  referred  to  may  be  or  is  carried,  shall  be  strong  and 
tight,  so  that  no  part  of  such  contents  or  load  shall  fall,  leak, 
or  spill  therefrom ; and  shall  be  adequately  and  tightly  cover- 
ed, so  as  to  prevent  the  same  from  being  offensive. 


Ordinances. 


604 

1509.  Noxious  Refuse — Deposit  of— When  Prohibited.] 

§ 48,  That  no  part  of  the  contents  of,  or  substances  from  any 
sink,  privy  or  cesspool,  nor  any  manure,  ashes,  garbage, 
offal,  rubbish,  dirt,  nor  any  refuse  or  waste,  or  thing  which 
by  its  decomposition  could,  or  would  become  offensive  to 
human  beings,  or  detrimental  to  health,  or  create,  or  tend  to 
create,  a nuisance,  shall  be  by  any  person  thrown,  deposited 
or  placed  upon  any  street  or  public  place,  nor  upon  any  vacant 
lot  of  land  or  vacant  place  upon  the  surface  of  any  lot  of  land 
within  the  city  of  Peoria,  whether  the  lot  be  enclosed  or  other- 
wise without  the  written  permission  of  the  commissioner  of 
health,  nor  shall  any  of  said  substances  be  allowed  by  any  per- 
son to  run  or  drop  from  the  premises  occupied  by  such  person, 
into  or  upon  any  street  or  public  place,  nor  upon  any  vacant 
lot  of  land,  or  vacant  place  upon  the  surface  of  any  lot  of  land 
in  said  city;  nor  shall  the  same  be  thrown,  deposited  or  placed 
by  any  person,  nor  allowed  to  fall  or  run  from  the  premises 
occupied  by  such  person  into  the  river,  save  through  the 
pioper  underground  connection. 

1510.  Deposit  of  Offensive  Matters — Prohibited — Ma- 
nure.] § 49.  That  no  pile  or  deposit  of  manure,  offal  or 
garbage,  nor  accumulation  of  an  offensive  or  nauseous  sub- 
stance, shall  be  made  within  the  limits  of  said  city;  nor  shall 
any  person  contribute  to  the  making  of  any  such  accumula- 
tions; nor  shall  any  straw,  hay  or  other  substance  which  has 
been  used  as  bedding  for  animals,  be  placed  or  dried  upon  any 
street,  alley  or  sidewalk,  or  kept  deposited  or  accumulated  in 
such  manner  as  to  become  offensive;  nor  shall  any  person  or 
corporation  unload,  discharge  or  put  upon  or  along  the  line  of 
any  railroad,  street  or  highway,  or  public  place  within  said 
city,  any  manure,  offal,  garbage  or  other  offensive  or  nauseous 
substance;  nor  shall  cars  or  flats  loaded  with  or  having  in  or 
upon  them  any  such  substance  or  substances  be  allowed  to  re- 
main or  stand  on  any  railroad,  street  or  highway  within  the 


Health. 


605 


limits  of  said  city,  within  three  hundred  yards  of  any  dwelling 
house.  All  manure  vaults  attached  to  stables,  where  more 
than  two  horses  are  kept,  shall,  between  April  and  November 
in  each  year,  be  emptied  twice  in  each  week,  and  such  vault 
shall  in  no  case  be  permitted  to  become  a nuisance. 

1511.  Diseased  or  Sickly  Animal — Not  to  be  Brought 

In  ] § 50.  That  no  diseased  or  sickly  animal  of  any  kind  or 

nature,  nor  any  animal  that  has  been  exposed  to  any  disease 
that  is  contagious  among  such  animals,  shall  be  brought  into 
the  city  of  Peoria. 

1512.  Impure  Ice — Sale  of  Prohibited.]  § 51.  It  shall 
be  unlawful  for  any  person  to  sell  to  any  family,  person  or  cor- 
poration, any  impure  ice,  or  any  ice  which  shall  contain  filth, 
or  any  other  matter,  substance  or  thing,  and  which  will  render 
the  water  impure  or  the  use  of  the  same  unhealthy. 

1513.  Dead  Animal — Deposit  of — Penalty.]  § 52.  No 

person  shall  place  or  deposit,  or  caused  to  be  placed  or  depos- 
ited, at  any  place  in  said  city,  any  dead  horse,  cow,  hog,  dog, 
or  the  carcass  or  remains  of  any  animal  whatever;  and  every 
person  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  perpetrating  a nuisance,  and  on  conviction,  shall  for- 
feit and  pay  not  less  than  one  dollar,  nor  more  than  one  hun- 
dred dollars  for  every  offense,  and  all  expenses  of  removing 
and  burying  the  same,  which  shall  be  taxed  and  collected  as 
costs  against  such  person. 

1514.  Dead  Animal — Owner,  Etc. — To  Remove  on  No- 
tice— Penalty.  | § 53.  When  any  dead  animal  shall  be  found 

in  said  city,  it  shall  be  the  duty  of  the  person  owning  such 
animal,  at  the  time  of  its  death,  or  of  the  person  who  deposited 
or  caused  the  same  to  be  deposited,  to  remove  said  animal, 
in  such  manner  as  to  conceal  the  same  from  public  view, 
forthwith  beyond  the  limits  of  the  city,  and  bury  the  same  ; 
and  if  the  owner  of  such  animal  or  the  person  who  deposited 
it,  on  being  notified  thereof  by  the  superintendent  of  police,  or 


6o6 


Ordinances. 


any  policeman  or  other  person,  shall,  after  a reasonable  time, 
refuse  or  neglect  to  remove  and  bury  the  same  as  herein 
required,  he  shall  forfeit  and  pay  not  less  than  one  dollar,  nor 
more  than  twenty-five  dollars,  for  every  offense,  and  shall  also 
pay  the  expense  of  removing  and  burying  the  same,  which 
shall  be  taxed  and  collected  as  costs  against  such  person. 

1515.  Dead  Animal  on  Lot — Owner  to  Remove — Pen- 
alty.] § 54.  When  any  dead  animal  shall  be  found  on  any 
lot  or  part  of  lot  in  said  city,  it  shall  be  the  duty  of  the  person 
owning  or  occupying  such  lot,  or  part  of  lot,  to  cause  the  same 
to  be  removed  forthwith-  and  such  owner  or  occupant  of  such 
lot  or  part  of  lot,  or  any  other  person  removing  said  animal, 
may  collect  the  expense  of  such  removal  from  the  person  own- 
ing or  depositing  such  dead  animal;  and  if  any  owner  or  occu- 
pant of  any  lot,  or  part  of  lot,  shall  fail  or  neglect  to  remove 
such  dead  animal,  he  shall  forfeit  and  pay  not  less  than  one 
dollar,  nor  more  than  twenty-five  dollars,  for  every  offense. 

1516.  Dead  Animal — Police  to  Remove]  § 55.  When 
any  dead  animal  shall  be  found  in  said  city,  and  shall 
not  be  removed  within  a reasonable  time,  it  shall  be  the 
duty  of  the  superintendent  of  police,  or  any  policeman,  on 
complaint  thereof  being  made  by  any  person,  to  cause  the 
same  to  be  removed  and  buried  at  the  expense  of  the  city  of 
Peoria. 

1517.  Exposing  Animal  to  View,  Etc.]  § 56.  It  shall 
be  unlawful  for  any  person,  or  persons,  to  haul,  drag  or  other- 
wise remove  any  dead  animal  along  or  upon  any  street,  ave- 
nue, alley,  or  other  public  place  within  the  city,  unless  such 
dead  animal  is  wholly  covered  so  as  to  completely  conceal  the 
same  from  view;  and  it  shall  be  unlawful  for  any  person,  or 
persons,  to  skin  or  otherwise  mutilate  any  dead  animal  within 
said  city,  except  at  such  place,  or  places,  as  may  be  from  time 
to  time  designated  for  that  purpose. 


Health. 


607 


1518.  Manufactories,  Etc. — Removal  of  Ashes,  Smoke, 

Cinders,  Etc. — Not  to  Escape.  ] § 57.  That,  the  owners, 

lessees,  tenants  and  managers  of  every  blacksmith,  or  other 
shop,  forge,  coal  yard,  foundry,  manufactory  and  premises 
where  any  business  is  done,  shall  cause  all  ashes,  cinders,  rub- 
bish, dirt  and  refuse  to  be  removed  to  some  proper  place,  so 
that  the  same  shall  not  accumulate  at  any  of  the  above  men- 
tioned premises,  or  in  the  appurtenances  thereof,  nor  the  same 
become  filthy  or  offensive;  nor  shall  any  smoke,  cinders,  dust, 
gas  or  offensive  odor  be  allowed  to  escape  from  any  such 
building,  place  or  premises,  to  the  detriment,  or  annoyance  of 
any  person  not  being  therein  or  thereupon  engaged. 

1519.  Dead  Body — Not  to  be  Retained  or  Exposed.] 

§ 58.  That,  no  person  shall  retain,  expose  or  allow  to  be  re- 
tained or  exposed,  the  dead  body  of  any  human  being,  to  the 
peril  or  prejudice  of  the  life  or  health  of  any  person. 

1520.  Animal  or  Thing  Imperiling  Health — Exposure 
Prohibited.]  § 59.  That,  no  person  shall  take,  carry  or 
expose,  or  place,  or  induce  any  other  person  so  to  do,  in  or  up- 
on any  street,  or  public  place,  any  substance,  animal  or  thing 
which  shall  imperil  the  safety  or  health  of  any  person  who  is 
or  may  properly  be  in  such  street  or  place. 

1521.  Animal  or  Thing  Occasioning  Nuisance — Keep- 
ing Prohibited.]  § 60.  Thai,  no  person  shall  bring  into  said 
city  or  keep  therein,  for  sale  or  otherwise,  either  for  food  or 
for  any  other  purpose  or  purposes  whatever,  any  animal,  dead 
or  alive,  matter,  substance  or  thing  which  shall  be,  or  which 
shall  occasion  a nuisance  in  said  city,  or  which  may  or  shall 
be  dangerous  or  detrimental  to  health. 

1522.  Building,  Etc.,  Causing  Nuisance  Prohibited.] 

§ 61.  That,  no  building,  vehicle,  structure,  receptacle  or 
thing  used,  or  to  be  used,  for  any  purpose  whatever,  shall  be 
made,  used,  kept  or  maintained,  or  operated  in  the  city,  if  the 


6o8 


Ordinances. 


use,  keeping,  maintaining  or  operating  of  such  building,  vehi- 
cle, structure,  receptacle  or  thing,  shall  be  the  occasion  of  any 
nuisance,  or  dangerous,  or  detrimental  to  health. 

1523,  Premises  Offensive — Penalty.]  § 62.  Any  store, 
house,  factory,  building  or  structure  of  any  kind, or  any  grounds 
or  premises  kept,  permitted  or  suffered  to  remain  for  twenty- 
four  hours  in  such  condition  as  to  be  offensive  to  the  neigh- 
borhood, dangerous  or  prejudicial  to  the  health  or  safety  of  the 
occupants,  or  other  persons,  is  hereby  declared  a nuisance;  and 
the  owner,  proprietor,  lessee  or  agent  of  such  store,  house, 
factory,  building  or  structure  of  any  kind,  or  grounds  or  prem- 
ises, shall  be  subject  to  a fine  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars,  and  to  a like  fine  for  every 
twenty-four  hours  such  nuisance  shall  continue  after  the  first 
conviction. 

Ic24-  Business  Causing  Nuisance — Prohibited.]  § 63. 

That  no  substance,  matter  or  thing,  of  any  kind  whatever, 
which  shall  be  dangerous  or  detrimental  to  health,  shall  be 
permitted  to  exist  in  connection  with  any  permitted  business, 
or  be  used  therein,  or  to  exist  in  connection  therewith,  or  to 
be  used  in  any  work  or  labor  carried  on,  or  to  be  carried  on, 
or  prosecuted  in  said  city;  and  that  no  nuisance  shall  be  per- 
mitted to  exist  in  connection  with  any  business,  or  in  connec- 
tion with  any  such  work  or  labor. 

1525-  Penalties.]  § 64.  That  any  person,  firm  or  cor- 
poration, who  violates,  disobeys,  omits,  neglects  or  refuses  to 
comply  with,  or  who  resists  any  of  the  provisions  of  this 
article,  or  who  refuses  or  neglects  to  obey  any  of  the  rules, 
orders,  or  sanitary  regulations  of  the  department  of  health, 
or  who  omits,  neglects,  or  refuses  to  comply  with,  or  who 
resists  any  officer  or  order,  or  special  regulation  of  said  de- 
partment of  health,  when  no  other  penalty  is  provided,  shall, 
upon  conviction,  be  subject  to  a fine  of  not  less  than  five  dol- 
lars, nor  more  than  two  hundred  dollars  for  each  offense. 


Horses. 


609 

1526.  Ambulances  — Right  of  Way  — Obstruction  of 
— Penalty.]  § 65.  The  ambulances  of  the  department  of 
health,  while  engaged  in  going  for  or  in  carrying  sick  or 
wounded  persons  to  or  from  the  hospitals,  or  other  places, 
shall  have  the  right  of  way  in  the  streets  of  the  city,  as  against 
any  person,  carriage  or  incumberance,  put,  driven  or  being  in 
said  streets;  and  no  person  shall  obstruct  said  ambulance 
while  so  engaged,  if  there  shall  be  an  opportunity  to  get  out 
of  the  way  of  the  same,  under  a penalty  of  ten  dollars  for  each 
offense. 

1527-  Enforcing  of  this  Article  — Duty  of  Officer.] 

§ 66.  It  shall  be  the  duty  of  the  commissioner  of  health  and 
the  superintendent  of  police  to  cause  this  article  to  be  enforced, 
and  to  make  complaint  against  and  cause  to  be  prosecuted  all 
persons  violating  the  provisions  of  this  article. 


ARTICLE  25. 

HORSES. 


Section. 

1528.  Speed  Regulated— Penalty. 

1529.  Intersections  and  Corners— speed 

at  — Penalty. 

1530.  Alleys— Speed  in— Penalty. 

1531.  Not  to  be  Loose  in  Street— Penalty 

1532.  Horses  on  Sidewalk— Penalty. 

1533.  Racing  in  Street— Penalty. 


Section. 

1534.  Construction  of  Last  Preceding  Sec- 

tion. 

1535.  Sleigh  or  Sled— Bells — Penalty. 

1536.  Speed  on  Bridges— Penalty. 

1537.  Animal  Standing  Unhitched— Pen- 

alty. 


1528.  Speed  Regulated — Penalty.]  § i.  No  person 
shall  ride  or  drive  any  horse  or  horses,  or  other  animal,  in  the 
city  of  Peoria,  at  a greater  speed  than  at  the  rate  of  eight  miles 
an  hour,  under  a penalty  of  ten  dollars  for  each  offense. 

1529.  Intersections  and  Corners  — Speed  at  — Pen- 
alty.] § 2.  No  person,  upon  turning  the  corner  of  any  street 
or  crossing  the  intersection  of  any  street,  in  the  city  of  Peoria, 
shall  ride  or  drive  any  horse  or  horses,  or  other  animal,  with 
greater  speed  than  at  the  rate  of  four  miles  an  hour,  under  the 

40 


6io 


Ordinances. 


penalty  of  ten  dollars  for  each  offense:  Provided \ that  this 
article  shall  not  be  held  to  apply  to  the  fire  department  in  an- 
swering any  alarm  of  fire,  nor  to  the  police  patrol. 

1530.  Alleys — Speed  in — Penalty.]  § 3.  No  person 
shall  ride  or  drive  any  horse  or  horses,  or  other  animal,  in  or 
through  any  alley,  in  the  city  of  Peoria,  or  at  the  time  of  driv- 
ing from,  or  quitting  such  alley,  at  a greater  rate  of  speed  than 
a walk,  under  the  penalty  of  ten  dollars  for  each  offense. 

1531.  Not  to  be  Loose  in  Street — Penalty.]  § 4-  No 

horse  shall  be  suffered  or  permitted  to  go  loose  or  at  large  in 
any  of  the  streets  in  the  city  of  Peoria,  under  the  penalty  of 
ten  dollars  for  every  offense,  to  be  paid  by  the  owner  or  per- 
son having  the  care,  charge,  or  keeping  thereof. 

1532.  Horses  on  Sidewalk — Penalty.]  § 5.  No  per- 
son shall  suffer  or  permit  to  go,  or  lead,  or  ride,  or  drive  any 
horse  or  other  animal,  upon  any  sidewalk  in  the  city  of  Peoria, 
under  a penalty  of  not  less  than  one  dollar,  nor  more  than 
twenty-five  dollars,  for  each  offense,  to  be  paid  by  the  owner 
or  person  having  the  care,  charge  or  keeping  thereof. 

1533.  Racing  in  Street — Penalty.]  § 6.  No  person 
shall  run  or  race  any  horse  or  other  animal  in  any  public 
street,  road  or  avenue  in  the  city  of  Peoria,  under  a penalty  of 
ten  dollars. 

1534.  Construction  of  Preceding  Section.]  § 7.  The 

last  preceding  section  of  this  article  shall  be  construed  to  pre- 
vent and  punish  the  running,  racing,  or  trotting  of  any  horse 
or  horses,  for  any  trial  of  speed,  for  the  purpose  of  passing 
any  other  horse,  or  horses,  whether  the  same  be  founded  upon 
any  stake,  bet  or  otherwise. 

1535.  Sleigh  or  Sled — Bells — Penalty.]  § 8.  No  per- 
son shall  drive  a horse  or  other  animal  before  a sleigh  or  sled, 
through  any  of  the  public  streets,  avenues,  or  alleys  of  this 
city,  unless  there  shall  be  a sufficient  number  of  bells  attached 
to  the  harness  of  such  horse,  or  to  such  sleigh  or  sled,  to  warn 


House  Movers. 


6 ii 


persons  of  his  approach,  under  the  penalty  of  not  less  than 
five  dollars,  nor  more  than  ten  dollars,  for  each  offense,  to  be 
paid  by  the  driver,  owner  or  person  having  the  care,  charge 
or  keeping  thereof. 

1536.  Speed  on  Bridges — Penalty.]  § 9.  No  person 
shall  lead,  ride  or  drive  any  horse  or  horses,  or  other  animal, 
over  or  upon  any  of  the  bridges  in  the  city  of  Peoria,  or  under 
the  control  of  said  city,  at  any  other  pace  than  a walk,  under 
a penalty  of  not  to  exceed  ten  dollars  for  each  offense. 

1537.  Animal  Standing  Unhitched — Penalty.]  § 10. 

No  person  shall  leave  any  horse,  or  other  animal,  attached  to 
any  carriage,  wagon,  cart,  sleigh,  sled  or  other  vehicle,  in  any 
street,  avenues,  alleys  or  lanes  of  this  city,  without  securely 
fastening  such  horse,  or  other  animal,  under  a penalty  for  each 
offense4  of  not  less  than  three  dollars,  nor  more  than  fifty  dol- 
lars. 

ARTICLE  26. 

HOUSE-MOVERS. 

Section.  Section. 

1538.  House  Movers— License— Penalty.  1540.  Iron  Stakes,  Etc.,  Prohibited  on  Paved 

1539.  License  Fee— Bond — Conditions,  Streets. 


1538.  House-Movers — License — Penalty.]  § i.  No 
person,  firm,  or  corporation,  shall  remove  or  raise  any  build- 
ing within  said  city,  unless  he  shall  have  obtained  a license  as 
a house-mover,  under  a penalty  of  not  less  than  ten  dollars, 
nor  more  than  two  hundred  dollars,  for  each  offense. 

1539.  License  Fee — Bond — Condition.]  § 2.  Any  per- 
son may  obtain  a license  as  a house-mover,  upon  the  payment 
of  a license  fee  of  twenty-five  dollars  per  annum,  and  the  exe- 
cution to  the  city,  of  a bond  in  the  sum  of  one  thousand  dollars, 
with  at  least  two  sureties,  to  be  approved  by  the  mayor, 
conditioned  among  other  things  that  said  party  applying  for 


6 12 


Ordinances. 


such  license  will  pay  any  and  all  damages  which  may  happen 
t©  any  tree,  pavement,  street  or  sidewalk,  or  to  any  telegraph, 
telephone,  electric  light  or  electric  street  car  pole,  or  wire, 
within  said  city,  whether  such  damage  or  injury  shall  be  in- 
flicted by  said  party  or  his  agent,  employes  or  workmen,  and 
conditioned  also  that  said  party  will  save  and  indemnify  and 
keep  harmless  the  city  of  Peoria  from  all  liabilities,  judgments, 
costs  and  expenses,  which  may  in  any  wise  accrue  against 
said  city  in  consequence  of  the  granting  of  such  license,  or  any 
permit,  and  will  in  all  things  comply  with  the  ordinances  of  the 
city  and  all  permits  granted  to  him. 

1540.  Iron  Stakes,  Etc. — Prohibited  on  Paved  Streets.] 

§ 3.  It  shall  be  unlawful  for  any  house-mover,  or  other  per- 
son to  drive  iron  or  other  stakes  in  any  cedar  block,  brick, 
stone  or  asphalt  pavement  within  said  city,  under  a penalty  of 
not  exceeing  one  hundred  dollars,  for  each  offense,  and  a for- 
feiture of  any  license  as  house-mover  the  person  convicted 
may  hold,  and  such  forfeiture  shall  be  entered  up  as  a part  of 
the  penalty  upon  any  such  conviction. 

ARTICLE  27. 

ITINERANT  MERCHANTS  AND  TRANSIENT  VENDORS. 

Section.  Section. 

1541.  Itinerant  Merchants— License.  1544.  License  Fee. 

1542.  Itinerant  Merchants,  Etc.,  Defined.  1545.  Construction. 

1543.  License  Required — Penalty. 


1541-  Itinerate  Merchants — License.]  § i.  It  shall  be 
unlawful  for  itinerant  merchants  and  transient  vendors  of  mer- 
chandise, to  carry  on  their  business  or  occupation,  within  the 
city,  without  having  first  obtained  a license  therefor,  as  herein 
provided. 

1542.  Itinerent  Merchant,  t=tc. — Defined.]  § 2.  Every 
person,  firm,  or  corporation,  who  goes  from  one  city  or  village 
to  another,  stopping  only  a limited  period  of  time  in  each,  for 


Itinerant  Merchants  and  Transient  Vendors.  613 

the  purpose  of  selling  goods,  wares  and  merchandise,  shall  be 
held  and  deemed  to  be  an  itinerant  merchant,  or  transient  ven- 
dor of  merchandise. 

1543.  License  Required—  Penalty.]  § 3.  Every  such 
person,  firm  or  corporation,  shall,  before  engaging,  in  any 
way,  in  the  business  of  itinerant  merchant,  or  transient  vendor 
of  merchandise,  within  the  city  of  Peoria,  obtain  a license 
therefor,  under  a penalty  of  not  less  than  five  dollars,  nor 
more  than  fifty  dollars  for  each  offense;  and  every  day,  or  part 
of  a day,  any  such  person,  firm  or  corporation  shall  engage  in 
said  business  without  a license,  shall  be  deemed  a separate 
offense. 

1544.  License  Fee.]  § 4.  Every  person,  firm  or  cor- 
poration, who  is  desirous  of  carrying  on  the  business  of  itin- 
erant merchant,  or  transient  vendor  of  merchandise,  as  herein 
provided,  within  said  city,  shall  obtain  a license  therefor,  from 
the  mayor,  upon  payment  to  the  city  clerk,  of  the  sum  of  fifty 
dollars  for  a month’s  license,  and  no  license  for  a less  period 
than  one  month  shall  be  granted. 

1545.  Construction.]  § 5.  This  article  shall  not  be  so 
constructed  as  to  apply  to  any  person  or  person,  coming  into 
the  city,  from  the  country,  with  any  produce  for  market;  or 
to  any  person  selling  vegetables,  berries  or  the  produce  of 
their  own  farms  or  premises;  nor  shall  commercial  travelers 
employed  by  wholesale  houses,  in  selling  staple  articles  of 
merchandise,  to  merchants  of  this  city,  or  to  permanent  trad- 
ers doing  business  in  this  city,  be  deemed  to  be  within  the 
meaning  of  this  article. 


Ordinances. 


614 


ARTICLE  28. 

LIBRARY. 

Section.  Section. 

1546.  Free  Library  and  Reading  Room  Es-  1549.  Injury  to  Furniture,  Etc. — Penalty. 

tablished.  1550.  Failure  to  Return  Book— Penalty. 

1547.  Board  of  Directors. 

1548.  Injuring  Book— Penalty. 

1546.  Free  Library  and  Reading  Room — Established.] 

§ 1.  There  is,  hereby,  established  a free  public  library  and 
reading  room  for  the  use  of  the  inhabitants  of  the  city  of 
Peoria,  which  shall  be  known  as  “ The  Peoria  Public  Library.” 

1547.  Board  of  Directors.]  § 2.  That  said  library 
shall  be  under  the  supervision  and  management  of  a board  of 
directors,  to  be  appointed  in  accordance  with  the  provisions  of 
the  statutes  of  the  state  of  Illinois  relating  to  public  libraries, 
and  said  board  of  directors  shall  have  all  the  powers  and 
authority  conferred  by  any  such  statutes. 

1548.  Injuring  Book — Penalty.]  § 3.  That  any  person 
who  shall  wilfully  or  maliciously  cut,  write  upon,  injure,  de- 
face, tear  or  destroy  any  book,  newspaper,  plate,  picture,  en- 
graving or  statue  belonging  to  the  Peoria  Public  Library, 
shall  be  liable  to  a fine  of  not  less  than  five  dollars,  nor  more 
than  fifty  dollars  for  every  such  offense. 

1549.  Injury  to  Furniture,  Etc. — Penalty.]  § 4.  That 
any  person  who  shall  wilfully,  or  maliciously,  commit  any  in- 
jury upon  the  Peoria  Public  Library,  or  upon  the  grounds, 
buildings,  furniture  or  fixtures,  or  other  property  thereof, 
shall  be  liable  to  a fine  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars  for  every  such  offense. 

1550.  Failure  to  Return  Book — Penalty.]  § 5.  Any 

person  who  shall  fail  to  return  any  book  belonging  to  the 
Peoria  Public  Library  according  to  the  requirements  of  the 
by-laws  duly  made  and  adopted  by  the  directors  of  such  library 
for  the  government  thereof,  shall  be  liable  to  a fine  of  not  less 
than  five  dollars,  nor  more  than  ten  dollars  for  every  such 
offense. 


Licenses. 


6i5 


ARTICLE  29. 


LICENSES. 


Section. 

1551.  License— By  Whom  Granted— May- 


or’s Discretion— When. 

1552.  Issued — How. 

155^.  License— Term  of. 

1554.  Bonds — When  Required — By  Whom 


Section. 

1556.  Fees  for  Issuing  License. 

1557.  Transfer  of  License,  How  and  When 


— Bond. 

1558.  License  Subject  to  Ordinances— Pros- 


ecution— Revocation  of. 


Approved. 

1555.  Clerk  and  Comptroller  Shall  Register 
License. 


1551.  Licenses — By  Whom  Granted — Mayor’s  Dis- 
cretion— When.J  § 1.  In  all  cases  where  it  is  not  other- 
wise expressly  provided,  the  mayor  shall  hear  and  grant  all 
applications  for  licenses  upon  the  terms  specified  in  any  of  the 
ordinances  of  the  city;  and,  all  licenses  shall  be  issued  to  such 
person,  or  persons,  as  shall  comply  in  all  respects  with  the 
provisions  of  the  ordinances  of  the  city,  and  as  the  mayor,  in 
his  discretion,  shall  deem  suitable  and  proper  persons  to  be 
licensed : Provided , that  the  mayor  may,  in  his  discretion,  re- 
fuse to  grant  any  application  for  a license,  until  the  same  shall 
have  been  ordered  by  the  city  council,  to  whom  he  shall  refer 
such  application  at  the  next  regular  meeting  of  the  council. 

1552.  Issued — How.]  § 2.  Each  and  every  license 
authorized  and  required  by  any  ordinance  of  said  city,  and 
granted  by  the  mayor,  or  city  council,  shall  be  issued  by  the 
city  clerk  upon  the  payment  to  him  of  the  license  fee  or  tax, 
and  not  otherwise.  Every  license  shall  be  signed  by  the 
mayor,  attested  by  the  clerk  under  the  corporate  seal,  and 
countersigned  by  the  comptroller;  and  no  person  shall  be 
deemed  to  be  licensed  in  any  case  until  the  actual  payment  of 
the  license  fee  or  tax,  and  the  issuing  of  the  license  in  due 
form,  signed,  attested,  sealed  and  countersigned  as  herein  re- 
quired. 


6i6 


Ordinances. 


1553.  License — Term  of.]  § 3.  All  licenses  shall  be 
granted  for  a period  of  one  year,  unless  otherwise  provided  by 
ordinance. 

1554.  Bonds — When  Required — by  Whom  Approved,] 

§ 4.  That  unless  otherwise  provided  by  ordinance,  the 
mayor  is  hereby  authorized,  in  his  discretion,  to  approve  of 
the  security  in  all  cases  where  the  ordinances  require  a bond 
to  be  given  to  the  city  before  a license  shall  issue,  and  said 
bond,  when  so  approved,  shall  be  filed  in  the  office  of  the  city 
clerk. 

1555.  Clerk  Shall  Register  Licenses.]  § 5.  It  shall 
be  the  duty  of  the  clerk,  and  comptroller,  to  register,  in  suit- 
able books,  all  licenses  issued  under  the  ordinances  of  said  city, 
entering  the  name  of  the  person  licensed,  the  date  of  the  li- 
cense, for  what  purpose  granted,  date  of  expiration,  the  amount 
paid,  the  name  of  the  security  on  the  bond,  and  in  case  of  vehicles 
porters  and  runners,  the  number  of  the  same,  which  shall  also 
be  inserted  in  the  license;  if  transferred,  to  whom,  and  the  date 
of  the  transfer;  and  in  case  of  licenses  to  sell  liquor,  the  house 
or  place  where  the  same  is  to  be  sold,  must  be  designated,  and 
a column  must  be  set  apart  for  remarks. 

1556.  Fees  for  Issuing  License.]  § 6.  That  the  fees 
of  the  clerk  for  issuing  a license  for  any  vehicle  shall  be  fifty 
cents  each;  and  for  issuing  each  license  for  any  other  purpose, 
the  clerk’s  fees  shall  be  one  dollar  and  fifty  cents;  and  all 
of  said  fees  shall  be  added  to  the  amount  charged  for  the 
license  and  paid  over  to  the  city  treasurer. 

1557.  Transfer  of  License — How  and  When — Bond.] 

§ 7.  Any  person  to  whom  any  license,  may  have  been 
issued  under  any  ordinance  of  the  city,  may  with  the  con- 
sent of  the  mayor,  in  writing,  assign  or  transfer  the  same 
to  any  other  person,  or  persons,  and  the  person,  Or  persons, 
to  whom  such  license  is  issued,  or  the  assignee,  or  assignees 


Licenses. 


617 


thereof,  may,  with  the  permission  of  the  mayor,  surrender 
such  license  and  have  a new  license  issued  for  the  unexpired 
term  of  the  old  license,  authorizing  the  person,  or  persons,  to 
whom  such  old  license  was  assigned  or  transferred,  to  carry 
on  the  same  business,  or  occupation  at  such  place  as  may  be 
named  in  such  old  license:  Provided , that  in  all  cases  the 
party  applying  for  such  new  license  shall  give  a new  bond 
with  securities  which  shall  conform,  as  near  as  may  be,  to  the 
bond  upon  which  such  surrendered  license  was  issued. 

1558,  License  Subject  to  Ordinances — Prosecution — 
Revocation  of.]  § 8.  All  licenses  shall  be  subject  to  all 
ordinances  and  regulations  which  may  be  in  force  at  the  time 
of  issuing  thereof,  and  all  ordinances  which  may  subsequently 
be  made  by  the  city  council;  and  if  any  person  so  licensed, 
shall  violate  any  of  the  provisions  of  any  ordinance  regulating, 
or  relating  to  the  business  for  which  he  is  licensed,  he  shall 
be  proceeded  against  for  any  fine  or  penalty  imposed  thereby, 
and,  upon  conviction,  the  mayor  may,  in  his  discretion,  re- 
voke his  license. 


6r8 


Ordinances. 


ARTICLE  30. 

MARKETS. 


Section. 

1559.  Location  of  Central  Market. 

1560.  Market  Days— Market  Hours. 

1561.  Sale  of  Diseased  Live  Animal — Pen- 

alty. 

1562.  Animal’s  Feet  Not  to  be  Tied  To- 

gether— Penalty. 

1563.  Animals  — Place  to  confine  — To  be 

Provided— Penalty. 

1564.  Butchers— Slaughtering  at  Market- 

Cleanliness— Penalty. 

1565.  Market  House— Hitching  Animals  to 

—Cleanliness  - Penalty. 

1566.  Scales — Kind  to  be  Used  — Fruit — 

Measurement  of — Penalty. 

1567.  Lunch  Counter— Permit— Penalty. 

1568.  Stand  and  Stalls— Regulations. 

1569.  Stands  —Tenants  must  procure  Lease 

— Penalty. 

1570.  Stands,  Etc.  — Limitation  as  to  Num- 

ber Occupied  by  One  Person. 

1571.  Market  Master  — Office  Created— Ap- 

pointment—Term. 

1572.  Market  Master’s  Bond. 

1573.  Duties— Power  of  Arrest. 

1574.  Market— Cleanliness— Penalty. 

1575.  Notice  of  Closing  Market  — Sales  Af- 

ter Closing  Time — Penalty. 

1576.  Arrangement  of  Articles  — Subject  to 

Market  Master— Penalty. 

1577.  Market  Master— Collection  Record. 

1578.  Market  Master  — Standard  Scales- 

False  Weights — Penalty. 

1579.  Market  Master — Attend  Market  Daily 

—Duty. 

1580.  Occupant  of  Stall — Space  in  Front — 

Penalty. 

1581.  Lessees  of  Stalls— Penalty. 

1582.  Sale  to  Boats— Permission. 

1583.  Packers-Sales  in  Less  Quantities  than 

One  Hundred  Pounds — Penalty. 

1584.  Fish  Market-Place  of— Penalty. 

1585.  Market  Committee — Rules  and  Regu- 

lations. 


Section. 

1586.  Market— Removal  of  Articles  from — 

Penalty. 

1587.  Regulations  to  be  Enforced. 

1588.  Live  Stock  Not  to  Stand  on  Street. 

1589.  Stands  for  Wood,  Coal,  Hay  and 

Straw. 

1590.  Wagon— Permission  to  Stand  in  Front 

of  Premises— Penalty. 

1591.  Disorderly  Conduct— Penalty. 

1592.  Weighmasters  — Appointment  — Re- 

moval. 

i^93.  Weighmaster  to  Give  Bond. 

1594.  Other  Scales  for  Prohibited. 

1595.  Hay,  Straw,  Coal  or  Coke — Weighing 

Penalty. 

1596.  Price  of  Weighing. 

1597.  Weighmaster— Record. 

1598.  Weighmaster— Report  to  Council. 

1599.  Weight  of  Wagons. 

1600.  Weighmaster  — Price  for  Weighing 

Miscellaneous  Articles. 

1601.  Certificate  of  Weight— Purchasers — 

Penalty. 

1602.  Sale  Without  Weighing— Penalty. 

1603.  Weighmaster— Care  of  Scale. 

1604.  Weight  per  Bushel  and  Barrel  of  Cer- 

tain Articles  Fixed. 

1605.  Weight — Computation  of. 

1606.  Fire  Wood  — Measurement  of  — Pen- 

alty. 

1607.  Wood  Wagons— Open. 

1608.  Measurement  of  Wood. 

1609.  Cord  of  Wood— Computation  of. 

1610.  Weighmasters  — Record  of  Wood 

Measurement. 

1611.  Purchaser  of  Wood— Certificate. 

1612.  Report  of  Wood  Measurements. 

16x3.  Price  of  Measuring  Wood. 

1614.  Sale  Without  Measurement— Penalty. 

1615.  Certificate  of  Measurement— Refusal 

to  Exhibit— Penalty. 

1616.  Compensation  of  Weighmaster. 


1559-  Location  of  Central  Market, J § 1.  That  all  of 
lots  one  (1)  and  two  (2),  in  block  twelve  (12),  on  the  corner 
of  Madison  and  Fulton  streets,  in  the  city  «f  Peoria,  and  the 
buildings  now  erected  thereon,  except  that  part  now  used  by 
the  city , as  a patrol  station,  and  the  space  outside  of  said  lots 


Markets. 


619 


extending  to  the  center  of  said  Madison  and  Fulton  streets, 
and  including  the  southwest  half  of  Madison  street,  along  the 
center  of  said  Madison  street,  from  the  central  market  to  the 
intersection  of  said  Madison  street  with  Liberty  street,  and, 
also  including  the  southwest  half  of  Fulton  street,  along  the 
center  of  said  Fulton  street,  from  the  central  market  to  the  in- 
tersection of  said  Fulton  street  with  the  upper  side  of  the  line 
of  the  building  now  used  and  occupied  by  the  city  as  a patrol 
station,  the  yard  thereto,  and  the  space  in  front  thereof,  shall 
be  known  and  designated  as  the  “ Central  Market  of  the  City 
of  Peoria.” 

1560.  Market  Days — Market  Hours.]  § 2.  That  each 
and  every  day  in  the  week,  except  Sundays,  shall  be  con- 
sidered market  days,  and  market  hours  shall  commence  at 
such  time  in  the  morning  as  may  be  fixed  by  the  committee 
on  markets  and  city  scales:  Provided , that  such  time  be 
not  earlier  than  daylight,  and  continue  until  eleven  o’clock 
a.  m.,  except  on  Saturdays,  when  the  market  may  be 
opened  again  at  four  o’clock  p.  m.,  and  continue  open 
until  nine  o’clock  p.  m.,  and  any  person,  or  persons,  having 
articles  for  sale  ma^y  remain  at  said  central  market  for 
the  purpose  of  selling  the  same  until  eleven  o’clock  a.  m.  of 
each  day,  under  the  same  rules  and  regulations  to  which  such 
person  or  persons  may  be  subject  during  the  market  hours. 

1561.  Sale  of  Diseased  Live  Animal — Penalty.]  § 3. 

That  it  shall  not  be  lawful  for  any  butcher,  or  other  person  to 
sell,  or  offer,  or  expose  to  sale  in  said  market,  or  elsewhere  in 
said  city,  any  sick  or  diseased  live  animal,  of  any  kind  what- 
ever usually  eaten  for  food,  and  for  the  purpose  or  with  the 
design  that  the  same  shall  be  used  for  food,  knowing  the 
same  to  be  sick  or  diseased;  and  every  person  so  offending 
shall  forfeit  and  pay  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars  for  each  and  every  animal  so  sold  or  ex- 
posed to  sale. 


620 


Ordinances. 


1582.  Animals — Feet  Not  to  be  Tied  Together — Pen- 
alty.] § 4.  That  it  shall  not  be  lawful  for  any  butcher, 
farmer,  or  other  person  to  bring  to  said  central  market,  or  to 
any  other  place  within  the  city  of  Peoria,  any  calf,  sheep, 
lamb,  hog,  shoat,  or  other  animal  intended  to  be  sold,  offered 
or  exposed  for  sale,  to  be  killed  or  slaughtered  for  the  purpose 
of  food,  when  the  feet  or  legs  of  such  animal  are  tied  together; 
nor  shall  it  be  lawful  for  any  butcher,  or  other  person  or  per- 
sons, who  shall  purchase  or  otherwise  become  possessed  of 
any  calf,  sheep,  lamb,  hog,  shoat,  or  other  animal,  to  tie,  or  to 
keep  such  animal  tied  in  the  manner  aforesaid  at  any  place  in 
said  city.  Any  person  or  persons  violating  the  provisions  of 
this  section  shall  pay  any  sum  not  less  than  five  dollars,  nor 
more  than  twenty-five  dollars. 

1563.  Animals — Place  to  Confine  to  be  Provided — 

Penalty.  | § 5.  That  the  market  committee  shall  procure  a 

suitable  place,  and  build  thereon  a shed  with  suitable  stalls 
therein,  where  all  live  calves,  sheep,  lambs,  hogs,  shoats,  or 
other  small  animals,  purchased  at  said  central  market  shall, 
immediately  after  such  purchase,  or  when  possessed  in  any 
other  way,  be  confined,  with  their  feet  and  legs  free  and  un- 
tied, as  provided  by  the  foregoing  section;  and  any  person  or 
persons  purchasing  or  otherwise  obtaining  any  such  animal, 
and  failing  to  remove  the  same  from  said  central  market  at 
once,  or  if  he  fail  to  have  the  said  animal  confined  in  said  shed, 
as  required,  or  if,  after  having  the  same  confined  in  said  shed, 
he  shall  neglect  to  remove  the  same  therefrom  by  twelve 
o’clock  m.  of  every  market  day,  he  shall  forfeit  and  pay  not 
less  than  three  dollars,  nor  more  than  twenty-five  dollars  for 
every  offense. 

1564.  Butchers — Slaughtering  at  Market — Cleanliness 
— Penalty,[  § 6.  It  shall  not  be  lawful  for  any  butcher,  or 
any  other  person,  to  kill  or  slaughter,  or  permit  to  be  killed  or 
slaughtered,  at  their  shops  or  places  of  business  in  said  city, 


Markets. 


621 


any  beast  or  animal  whatever,  or  bring  into,  or  suffer  or  per- 
mit to  be  brought  into,  or  placed  in  said  shops,  or  premises  at 
any  time,  the  head,  shanks,  or  feet  of  any  animal,  unless  the 
same  be  skinned  or  properly  cleaned,  nor  any  hides  or  skins  of 
any  kind,  or  at  any  time  bring  or  deposit,  or  suffer  to  be 
brought  or  deposited,  any  offal  or  filth  of  any  kind,  in,  upon 
or  about  said  premises,  but  the  same  shall  be  at  all  times  kept 
clean  and  free  from  all  disagreeable  and  unwholesome  odor; 
and  any  person  violating  the  provisions  of  this  section  shall 
forfeit  and  pay  ten  dollars  for  every  offense. 

1565.  Market  House — Hitching  Animals  to — Cleanli- 
ness— Penalty.]  § 7.  That  no  person  shall  fasten  or  hitch 
any  horse,  mule,  or  other  animal,  to  any  post,  spouting,  door, 
window,  awning  post,  pillar,  gate  or  railing  of  said  market 
house,  nor  shall  any  person  kill  or  slaughter  within  the  limits 
of  said  market  any  beast  or  animal  whatever,  or  lay  or  deposit 
any  dirt,  brine,  slops,  waste  water,  hides,  skins,  offal  or  filth 
of  any  kind,  in,  upon  or  about  said  market,  nor  do,  or  cause 
to  be  done,  any  act  tending  to  pollute  the  water  in  the  well  in 
said  market  house;  and  any  person  violating  the  provisions  of 
this  section  shall  forfeit  and  pay  any  sum  not  less  than  two 
dollars  nor  more  than  twenty-five  dollars. 

1566-  Scales — Kind  to  be  Used — Fruits — Measure- 
ment of — Penalty.]  § 8.  That  no  meats,  butter,  or  other 
articles  usually  sold  by  weight  or  measure,  and  offered  for 
sale  in  or  about  said  market,  or  elsewhere  in  said  city,  shall  be 
sold  by  other  weights,  scales  or  measures  than  such  as  have 
been  legally  regulated  and  sealed  by  the  city  inspector;  and 
all  berries,  currants,  cherries,  plums  and  other  small  fruits 
shall  be  sold  by  the  quart,  peck,  or  by  other  measures,  which 
shall  be  sealed  as  herein  required.  Any  person  violating  the 
provisions  of  this  section  shall  forfeit  and  pay  a sum  not  less 
than  two  dollars,  nor  more  than  twenty-five  dollars. 

1567.  Lunch  Counter — Permission — Penalty.]  § 9. 
That  no  person  shall  be  permitted  to  set  up  or  keep  in  said 


622 


Ordinances. 


market  any  table,  board,  or  contrivance  for  the  purpose  of 
eating  or  drinking  at,  about,  or  upon,  without  the  permission 
of  the  market  committee,  which  shall  not  extend  beyond  the 
regular  market  hours,  nor  shall  any  such  table,  board  or  con- 
trivance as  aforesaid,  be  kept  in  or  upon  any  other  place,  ex- 
cept as  designated  by  said  market  committee;  and  any  person 
violating  this  section  shall  forfeit  and  pay  not  less  than  two 
dollars,  nor  more  than  ten  dollars. 

1568.  Stands  and  Stalls — Regulation  of.]  § io.  Stalls 
and  stands  shall  be  regulated  as  follows: 

First.  The  stalls  and  stands  within  the  limits  of  said  cen- 
tral market  shall  be  numbered  and  annually  marked  out,  de- 
fined, and  appraised  by  the  market  committee,  and  submitted 
by  said  committee  to  the  city  council  at  the  first  regular  meet- 
ing of  said  council,  for  approval,  in  the  month  of  February  in 
each  and  every  vear,  and  a plat  of  such  stalls  and  stands  shall  be 
made,  and  said  plat,  with  the  prices  that  such  stalls  or  stands 
shall  be  rented  for,  affixed  thereto,  and  shall  be  deposited  in 
the  office  of  the  city  clerk,  at  least  ten  days  before  the  day  ap- 
pointed for  the  leasing  of  such  stalls  and  stands,  for  the  in- 
spection of  such  persons  as  may  be  interested  therein;  and 
such  stalls  or  stands  shall  be  annually  leased,  at  such  appraised 
value,  by  said  market  committee,  on  Wednesday  after  the  third 
Tuesday  in  March,  of  each  and  every  year:  Provided , that 
no  such  stall  or  stand  shall  be  leased  at  any  time  for  less  than 
one  year,  except  in  case  if  any  such  stall  or  stand  shall  not  be 
leased  at  the  appointed  time,  or  shall  thereafter  become  va- 
cant, then,  and  in  that  ease,  said  market  committee  may  lease 
any  such  stall  or  stand  for  the  unexpired  part  of  such  year. 

Second.  Any  person  leasing,  or  offering  to  lease,  any  stall 
or  stand  at  its  appraised  valuation,  shall,  at  the  time  of  so  do- 
ing,  pay  to  the  city  clerk,  in  case  it  be  a stall,  ten  dol- 
lars, or  in  case  it  be  a stand,  five  dollars,  which  sum  shall  be 
credited  upon  the  first  installment  of  rent  for  such  stall  or 
stand;  and  if  such  person,  or  persons,  fail  within  three  days 


Markets. 


623 


thereafter  to  execute  the  lease  for  such  stall  or  stand,  as  pro- 
posed by  him  and  the  market  committee,  then  the  said  sum 
shall  be  forfeited  to  the  city. 

Third.  No  person,  or  persons,  shall  occupy  any  such  stall 
or  stand  until  the  first  two  months’  rent  therefor  shall  have 
betn  paid,  nor  until  such  person,  or  persons,  shall  have  given 
good  and  sufficient  security,  to  be  approved  by  the  market 
committee,  for  the  faithful  payment  of  such  year’s  rent,  which 
shall  be  paid  in  installments  monthly  in  advance,  and  no  per- 
son indebted  to  the  city  of  Peoria  for  rent  of  stall,  or  stand  in 
the  central  market  in  said  city,  shall  be  given  a lease  of  any 
stand,  stall  or  other  privileges  therein,  until  all  arrears  and 
past  indebtedness  due  to  the  city  is  fully  paid. 

Fourth.  That  in  case  two  or  more  persons  shall  desire  to 
lease  the  same  stall  or  stand,  the  same  shall  be  let  to  the  high- 
est and  best  bidder,  filing  his  bid  therefor  with  the  city  clerk 
within  five  days  after  the  third  Tuesday  in  March  of  each  year. 

Fijth.  The  market  committee  shall  give  at  least  ten  days, 
public  notice  of  the  leasing  of  the  stalls  and  stands  in  the  said 
central  market,  by  advertising  in  all  the  official  newspapers  of 
the  city,  and  such  notice  shall  state  the  time  when,  and  the 
place  where,  applications  for  the  leasing  of  the  stalls  and 
stands  in  and  around  said  market  will  be  received  by  them. 

Sixth.  That  the  market  committee  shall,  after  any  stall  or 
stand  has  been  leased  to  any  person  or  persons,  and  after  the 
first  installment  of  rent  therefor  has  been  paid,  and  after  the 
security  for  the  payment  of  the  remaining  installments  of  rent 
has  been  received  and  approved,  notify  the  city  clerk,  and 
hand  over  to  him  the  first  installment  of  rent,  and  the  securi- 
ties for  the  remaining  installments  of  rent,  stating  what  stall 
or  stand  has  been  leased,  to  whom,  for  what  term,  and  for 
what  price  ; and  upon  said  notice  being  given,  said  clerk 
shall  make  out  such  lease,  under  his  hand  and  the  seal  of  the 
city  of  Peoria,  according  to  the  provisions  of  this  article,  and 


624 


Ordinances. 


the  market  master  shall  collect  all  rents  accruing  thereon,  as 
they  become  due,  make  report  thereof  to  the  comptroller,  and 
pay  over  the  same  to  the  city  treasurer,  and  all  such  leases 
shall  be  countersigned  and  registered  by  the  city  comptroller. 

1569  Stands  — Tenants  Must  Procure  Lease — Pen- 
alty.] § 11.  It  shall  be  unlawful  for  any  person  to  use  or 
occupy  any  stand,  stall  or  place,  within  said  market,  without 
first  having  procured  a lease  from  said  city,  and  fully  com- 
plying with  the  ordinances  and  all  rules  and  regulations  passed 
in  relation  to  said  market;  and  any  person  violating  the  pro- 
visions hereof  shall  forfeit  and  pay  not  less  than  two  dollars, 
nor  more  than  twenty-five  dollars,  for  each  offense. 

1570-  Stands — Etc.— Limitations  as  to  Number  Occu- 
pied by  One  Person.]  § 12.  That  no  person  shall  occupy 
more  than  one  stand,  nor  more  than  two  stalls,  in  or  about  said 
market,  and  that  all  stalls  or  stands  leased  to  persons  shall  be 
used  and  occupied  by  them  for  the  purpose  specified  in  their 
respective  leases  therefor;  and  should  any  of  such  stalls  or 
stands  so  leased  become  unoccupied  or  cease  to  be  used  for  the 
purposes  for  which  the  same  were  leased,  then  and  in  such 
case,  the  market  committee  shall  have  the  power  to  declare  the 
lease  for  such  stalls  or  stands  forfeited  and  void,  and  the  said 
market  committee  may  then  lease  such  stalls,  or  stands,  for  the 
unexpired  term  of  said  first  lease;  and  in  no  case  shall  the 
amount  paid  as  rent  on  such  stalls  or  stands,  or  any  part 
thereof,  be  refunded  to  the  person  thus  forfeiting  such  lease  to 
any  such  stalls  or  stands. 

1571-  Market  Master  — Office  Created — Appointment 

-Term.]  § 13.  There  is  hereby  created  the  office  of  market 
master,  of  the  city  of  Peoria,  who  shall  hold  his  office  for  two 
years,  and  until  his  successor  shall  be  appointed  and  qualified. 
Such  market  master  shall  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  the  city  council,  on  the  first 
Tuesday  in  May,  1892,  or  as  soon  thereafter  as  may  be,  which 


Markets. 


625 


first  appointment  shall  be  for  the  term  of  one  year,  and  until 
his  successor  is  appointed  and  qualified,  and  thereafter  said 
appointment  shall  be  made  on  the  first  Tuesday  in  May,  1893, 
and  biennially  thereafter. 

1572-  Market  Master’s  Bond.]  § 14.  Said  market 
master  shall,  before  entering  upon  the  duties  of  his  office,  exe- 
cute and  deliver  to  the  city  of  Peoria,  a good  and  sufficient 
bond,  in  the  penal  sum  of  two  thousand  dollars,  with  such 
securities  as  the  city  council  may  approve,  conditioned  that  he 
will  faithfully  perform  the  duties  of  his  office,  as  prescribed 
by  the  ordinances  of  said  city,  and  the  rules  and  regulations 
governing  the  market,  and  that  he  will  account  for,  and  pay 
over,  all  moneys  and  property  received  by  him. 

1573-  Duties — Power  of  Arrest.]  § 15.  It  shall  be 
the  duty  of  the  market  master  to  see  that  the  ordinances  regu- 
lating the  sale  of  poultry,  meat,  fruit  and  vegetables,  and 
other  food  products,  and  also  the  ordinance  regulating  the 
market,  be  observed,  and  that  persons  in  and  around  said  mar- 
ket, conduct  themselves  in  a peaceable  and  orderly  manner; 
and  to  arrest,  or  cause  to  be  arrested,  every  person  who  shall 
violate  any  of  the  provisions  of  the  ordinances  regulating  the 
market,  or  who  shall  disobey  the  lawful  directions  of  the  mar- 
ket master,  or  conduct  himself  in  a disorderly  manner,  in  or 
about  said  market. 

1574,  Market  Cleanliness — Penalty.]  § 1 6.  That  said 
market  master  shall  keep,  or  cause  to  be  kept,  clean  all  doors, 
windows,  passage-ways  and  walks  in  or  about  and  around 
said  market.  And  in  case  the  lessee,  occupant,  or  person  in 
charge  of  any  stall,  or  stand  in  said  market  shall  not  clean  the 
same,  or  cause  the  same  to  be  cleaned,  it  shall  be  the  duty  of 
said  market  master,  after  giving  due  notice  to  such  lessee  or 
occupant,  as  herein  directed,  to  cause  the  same  to  be  done,  at 
the  expense  of  such  lessee  or  occupant;  and  any  person  refus- 
ing or  neglecting  to  pay  for  cleaning  such  stall,  Or  stand,  when 
41 


626 


Ordinances. 


requested  so  to  do,  shall  forfeit  and  pay  a penalty  of  not  less 
than  two  dollars,  nor  no  more  than  five  dollars  for  each  offense. 

1575.  Notice  of  Closing  Market — Sales  After  Closing 
Time — Penalty.]  § 17.  That  it  shall  be  the  duty  of  said 
market  master,  one  half-  hour  before  the  closing  of  the  market, 
to  give  notice,  by  ringing  a bell  or  otherwise,  to  the  occu- 
pants of  stalls  and  stands  in  or  about  said  market,  when 
they  shall  immediately  prepare  their  meats,  fish,  provisions 
and  whatever  other  articles  may  be  there,  for  removal,  and 
they  shall  promptly  remove  the  same  at  the  hour  designated 
for  closing;  and  said  market  master  shall  have  charge  of  the 
keys  of  said  market,  and  shall  open  and  close  the  same  as 
provided  in  this  chapter;  and  any  person  attending  such  mar- 
ket with  articles  for  sale,  who  shall  remain  within  or  around 
said  market  for  the  purpose  of  selling  the  same  for  the  space 
of  thirty  minutes,  or  upwards,  after  the  hour  specified  for 
closing  said  market,  as  aforesaid,  shall  forfeit  and  pay  not  less 
than  two  dollars,  nor  more  than  twenty-five  dollars. 

1576.  Arrangement  of  Articles  — Subject  to  Market 
Master — Penalty.  § 18.  That  it  shall  be  the  duty  of  such' 
market  master  to  give  directions  respecting  the  arrangement 
or  removal  of  any  article,  vehicle,  cart,  wagon,  table,  box  or 
other  thing  in  or  about  said  market;  and  any  person  who  shall 
neglect  or  refuse  to  obey  such  directions,  shall  forfeit  and  pay 
for  every  such  offense,  not  less  than  two  dollars,  nor  more  than 
fiftv  dollars;  and  in  case  of  the  refusal  or  neglect  of  any  per- 
son, or  persons,  to  obey  the  directions  of  said  market  master, 
it  shall  be  lawful  for,  and  the  duty  of  said  market  master, 
forthwith  to  remove  such  article,  cart,  wagon,  vehicle,  box, 
basket,  or  other  thing,  to  such  place  as  he  may  think  proper; 
and  to  enable  such  market  master  to  perform  such  duty,  he 
shall  be  authorized  to  call  upon  the  superintendent  of  police, 
or  any  policeman,  for  such  assistance  as  he  may  require. 

1577.  Market  Master  — Collections  — Record,]  § 19. 
That  said  market  master  shall,  daily,  collect  such  dues  as  may 


Markets. 


627 


be  fixed  by  the  market  committee  of  the  council,  from  all  per- 
sons vending,  or  in  any  way  disposing  of  marketable  articles 
of  any  kind,  from  any  wagon,  cart,  or  other  vehicle,  or  from 
any  hand-cart,  wheel-barrow,  basket  or  table,  other  than 
those  belonging  to  stalls  or  stands,  rented  as  hereinbefore  pro- 
vided, and  any  persons  refusing  or  neglecting  to  pay  such 
dues,  when  requested  to  do  so,  shall  forfeit  and  pay  not  less 
than  two  dollars,  nor  more  than  twenty-five  dollars;  and  said 
market  master  shall  keep  an  accurate  record  of  all  moneys 
paid  him,  and  shall  weekly  pay  over  to  the  city  treasurer  all 
dues,  or  moneys,  collected  by  him  by  virtue  of  the  provisions 
of  this  section,  and  make  report  thereof  to  the  comptroller. 

1578-  Market  Master  — Standard  Scales  — False 
Weights — Penalty.]  § 20.  Said  market  master  shall  keep 
in  his  office  a pair  of  standard  scales,  and  a set  of  measures, 
and  it  shall  be  his  duty  to  weigh  any  article  for  any  person 
who  shall  feel  aggrieved  on  account  of  short  weight,  or  meas- 
ure; and  in  all  cases  where  the  scales,  weights  or  measures 
with  which  any  article  shall  be  weighed  or  measured  in  said 
market  are  not  correct,  and  in  accordance  with  the  standard 
weights  and  measures  kept  by  the  market  master  the  person 
so  weighing,  measuring  and  selling  the  same  shall,  on  convic- 
tion, forfeit  and  pay  not  less  than  three  dollars,  nor  more  than 
fifty  dollars  for  every  offense. 

1579-  Market  Master — Attend  Market  Daily — Duties.] 

§ 21.  That  it  shall  be  the  duty  of  said  market  master  to  at- 
tend said  market  daily,  and  to  perform  such  other  duties  as 
may  from  time  to  time  be  required  of  him  by  the  market  com- 
mittee; and  the  said  market  master  is  hereby  required  to  re- 
port forthwith  all  offenses  against  the  provisions  of  this  ordi- 
nance to  the  city  attorney  for  prosecution. 

1580-  Occupant  of  Stall  — Space  in  Front  — Penalty.] 

§22.  That  no  person  renting  any  stall  or  stand,  in  or  about 
said  market,  shall  use  or  occupy,  for  any  purpose  whatever, 


628 


Ordinances. 


any  space  in  front  of  said  stall  or  stand,  and  any  person  or 
persons  violating  any  of  the  provisions  of  this  section  shall 
forfeit  and  pay,  for  the  use  of  said  city,  the  sum  of  five  dollars 
for  each  offense. 

1581.  Lessees  of  Stalls — Penalty.]  § 23.  That  all 
persons  leasing,  renting,  occupying,  or  using  in  said  market 
any  stall  or  stand,  or  occupying  any  shop,  stall,  stand,  or  other 
place  elsewhere  in  said  city  under  this  chapter,  shall  be  sub- 
ject to  and  be  governed  by  all  the  provisions,  conditions  and 
penalties  of  this  chapter,  and  all  ordinances,  resolutions  and 
rules  that  may  hereafter  be  passed  by  the  city  council  in  re- 
lation to  said  market,  or  regulating  the  business  connected 
therewith. 

1582-  Sale  to  Boats — Permission.]  § 24.  That  noth- 
ing contained  in  this  ordinance  shall  prohibit  the  sale  of  meats 
or  other  marketable  articles  of  any  kind  to  boats  running  on 
the  Illinois  river,  at  any  time  or  place  in  said  city,  by  butchers 
or  other  persons  occupying  stands  or  stalls  in  said  market,  or 
by  butchers  licensed  to  sell  meat  under  this  chapter  outside  of 
said  market. 

1583.  Packers — Sale  in  Less  Quantity  than  One  Hun- 
dred Pounds — Penalty.]  § 25.  That  it  shall  not  be  lawful 
for  any  person,  company  or  association  engaged  in  the . 
business  of  packing  or  putting  up  pork  or  beef  in  said 
city,  to  sell  or  dispose  of  any  spare-ribs,  tenderloins,  lard, 
either  in  the  leaf  or  rendered,  rumps,  heads,  scraps  or  cut 
meats,  or  offal,  by  retail,  in  less  quantities  than  one  hundred 
pounds,  without  first  having  obtained  a license  therefor,  in  ac- 
cordance with  the  ordinances  of  the  city;  and  any  person 
company  or  association,  violating  any  of  the  provisions 
of  this  section  shall  forfeit  and  pay  a sum  not  less  than 
five  dollars,  nor  more  than  fifty  dollars,  for  each  offense.  Said 
license  may  be  granted  to  such  person  for  the  period  of  six 
months  for  the  sum  of  ten  dollars,  if  such  person  desire  to 


Markets. 


629 


sell  such  articles  at  his  or  their  packing  or  slaughtering  house, 
and  the  sum  of  twenty-five  dollars,  if  he  or  they  shall  wish  to 
sell  or  dispose  of  such  articles  at  any  other  place  within  said 
city. 

1584.  Fish  Market — Place  of— Penalty.]  § 26.  That 
five  feet  in  front  of  the  east  wall  of  the  west  wing  of  the  said 
central  market,  and  that  portion  of  Madison  street  in  front 
thereof,  shall  be  and  is  hereby  designated  and  set  apart  as  a 
fresh  fish  market,  and  no  fresh  fish  shall  be  sold  at  any  other 
place,  or  places  in  or  about  said  market;  and  any  person  vio- 
lating the  provisions  of  this  section  shall  forfeit  and  pay  a sum 
not  less  than  two  dollars,  nor  more  than  twenty-five  dollars, 
for  every  offense. 

1585.  Market  Committee — Rules  and  Regulations.] 

§ 27.  That  the  market  committee  is  hereby  authorized  to 
make,  from  time  to  time,  such  additional  rules  and  regulations 
concerning  and  appertaining  to  the  government  of  said  mar^ 
ket  as  they  may  deem  necessary,  not  inconsistent  with  the 
provisions  of  this  article. 

1586.  Market — Removal  of  Articles  From — Penalty,] 

§ 28.  That  persons  occupying  any  place  at  said  market  with 
boxes,  baskets,  wagons  or  vehicles  containing  marketing,  shall 
not  permit  their  boxes,  baskets,  wagons  or  other  vehicles  to 
remain  within  the  limits  of  said  market  after  they  have  sold 
or  disposed  of  their  marketing,  but  the  same  shall  be  removed 
be}'ond  the  limits  of  said  market;  and  any  person  violating 
this  section  shall  forfeit  and  pay  not  less  than  three  dollars, 
nor  more  than  twenty-five  dollars,  for  every  offense. 

1587.  Regulations  to  be  Enforced.]  § 29.  It  shall  be 
the  duty  of  the  mayor,  the  market  master,  the  superintendent 
of  police  and  all  policemen,  to  see  that  the  provisions  of  this 
article  are  enforced. 

1588.  Live  Stock  Not  to  Stand  on  Streets.]  § 30. 

That  it  shall  not  be  lawful  for  any  person  having  cows,  calves, 


630 


Ordinances. 


sheep  or  other  animals  for  sale  in  said  city,  to  stand  the  same 
upon  or  occupy  any  portion  of  a street,  alley  or  sidewalk  and 
offer  them  for  sale;  but  all  such  cows,  calves,  sheep  or  other 
animals  shall  be  taken  to  the  central  market  house,  and  there 
be  offered  for  sale  at  such  places  and  for  such  length  of  time 
each  market  day  as  the  market  committee  may  designate;  and 
any  person  violating  the  provisions  of  this  section  shall  forfeit 
and  pay  not  less  than  two  dollars,  nor  more  than  fifty  dollars, 
for  each  and  every  offense. 

1589.  Stands  for  Wood,  Coal,  Hay  or  Straw.]  § 31. 

That  it  shall  not  be  lawful  for  any  person,  in  said 
city,  having  wood,  coal,  coke,  grain,  hay  or  straw  in  mar- 
ket, for  sale  by  the  wagon  or  cart  load,  or  loaded  in  or  upon 
any  other  vehicle,  to  stop  or  wait  with  the  same  for  a pur- 
chaser on  any  street,  lane  or  avenue,  alley  or  public  ground, 
except  at  the  following  places  and  in  the  manner  following: 
Teams  or  other  conveyance  with  wood,  coal  or  coke,  shall  be 
permitted  to  stand  on  Hamilton  street,  between  the  lower  line 
of  Washington  and  the  upper  side  of  Water  streets.  Teams 
with  grain  shall  be  permitted  to  stand  on  Washington  street, 
between  the  northeasterly  side  of  Main  and  the  southwesterly 
side  of  Hamilton  streets.  Teams  with  hay  and  straw,  shall  be 
permitted  to  stand  on  Washington  street,  between  the  north- 
easterly side  of  Hamilton  and  the  southwesterly  side  of  Fay- 
ette streets,  and  all  of  said  teams  shall  be  placed  and  arranged 
on  said  streets  by  the  person  in  whose  charge  or  care  they 
are,  in  such  manner  as  the  mayor  and  the  superintendent  of 
police  shall  at  any  time  direct. 

1590.  Wagon — Permission  to  Stand  in  Front  of  Prem- 
ises— Penalty.]  § 32.  It  shall  not  be  lawful  for  any  owner, 
driver  or  person  in  charge  of  any  coal,  hay  or  straw  wagon, 
or  other  vehicle,  to  stop,  or  suffer  the  same  to  remain  on  any 
street  in  said  city,  in  front  of  the  store,  house  or  premises  of 
another  person,  for  the  purpose  of  feeding  his  horses,  or  for 


Markets. 


631 


any  other  purpose.  Any  person  violating  any  of  the  provis- 
ions of  this  section  shall  be  fined  not  less  than  two  dollars,  nor 
more  than  ten  dollars. 

1591.  Disorderly  Conduct — Penalty.]  § 33.  If  any 

person  shall  violate  any  of  the  provisions  of  this  article,  or  if 
any  driver,  or  person  in  charge  of  any  wagon,  cart,  dray, 
hackney  carriage,  or  other  vehicle,  or  the  driver  or  person  in 
charge  of  any  wood,  coal,  coke,  hay  or  straw  team,  shall  leave 
his  horses  or  vehicie,  or  shall  snap,  crack  or  flourish  his  whip, 
or  use  indecent  or  profane  language,  or  be  guilty  of  boister- 
ous or  loud  talking  or  hallooing,  or  wrestling  or  throwing  mis- 
siles, or  shall  be  guilty  of  any  disorderly  conduct,  or  shall  vex, 
disturb  or  importune  purchasers  or  citizens,  or  shall  fail  or  re- 
fuse to  observe  any  order  or  direction  of  the  mayor,  superin- 
tendent of  police,  policeman,  magistrate,  alderman,  or  other 
conservator  of  the  peace  in  said  city,  he  shall  forfeit  and  pay 
not  less  than  one  dollar,  nor  more  than  fifty  dollars,  for  every 
offense. 

1592-  Weighmasters — Appointment — Removal.]  § 34. 

The  mayor  shall,  from  time  to  time,  with  the  concurrence  of 
the  city  council,  appoint  so  many  and  such  persons  to  be  city 
weighers,  as  he  may  think  proper,  and  may  remove  them  at 
his  pleasure,  and  all  such  persons,  so  appointed,  shall  be 
known  as  “city  weighmasters,”  and  as  such,  shall  have  charge 
of  the  city  scales,  subject  to  the  ordinances  of  the  city  of 
Peoria,  in  relation  thereto. 

1593.  Weighmaster  to  Give  Bond.]  § 35.  Every 

person  appointed  as  city  weighmaster,  shall,  before  entering 
upon  the  duties  of  such  office,  execute  a bond  to  the  city  of 
Peoria,  in  the  penal  sum  of  one  thousand  dollars,  with  sureties 
thereon,  to  be  approved  by  the  city  council,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 

1594.  Other  Scales  for — Prohibited — Penalty.]  § 36. 

No  person  shall  use  or  keep  any  scale  in  any  public  place, 


632 


Ordinances. 


street  or  alley,  within  the  city  of  Peoria,  for  weighing  any 
substance  or  thing  for  the  public,  except  city  weighmasters, 
who  have  complied  with  the  provisions  of  the  preceding  sec- 
tion of  this  article,  and  any  person  violating  any  provisions  of 
this  article,  where  no  other  penalty  is  prescribed,  shall  on  con- 
viction, forfeit  and  pay  a sum  not  exceeding  fifty  dollars,  for 
each  offense. 

1595-  Hay,  Straw,  Coal  or  Coke — Weighing — Pen- 
alty.]  § 37.  That  hereafter  it  shall  not  be  lawful,  within  the 
corporate  limits  of  said  city,  for  any  person  to  sell,  offer  for 
sale,  dispose  of,  or  to  deliver  after  the  same  has  been  sold,  any 
load  or  loads  of  hay,  straw,  coke,  or  bituminous  or  anthracite 
coal,  without  first  having  the  same  weighed  on  the  city  scales, 
and  obtaining  from  the  weighmaster  of  the  scales  upon  which 
the  same  may  be  weighed,  a certificate  of  the  weight  of  such 
load  of  hay,  straw,  coke  or  coal. 

1596.  Price  of  Weighing.]  § 38.  The  prices  for 
weighing  hay,  straw,  coke  and  coal  shall  be  as  follows:  For 
hay,  twenty  cents  a load;  for  straw,  fifteen  cents  a load;  for 
coke,  ten  cents  a load;  and  for  coal,  ten  cents  a load;  which 
sum  shall  be  paid  by  the  person  in  charge  of  the  load  to  the 
weighmaster  before  he  shall  give  the  certificate  required  by 
the  preceding  section. 

1597.  Weighmaster — Record.]  § 39.  It  shall  be  the 
duty  of  each  weighmaster  to  keep  a book,  in  which  he  shall 
enter  the  number  of  loads  of  hay,  straw,  coke,  and  coal,  and 
all  other  articles  weighed  by  him,  and  give,  under  his  hand, 
a certificate,  stating  the  name  of  the  owner  or  agent  of  the  ar- 
ticle weighed,  the  weight  of  the  same,  and  the  day  upon  which 
the  same  was  weighed,  and  also  the  number  of  pounds  of  hay, 
straw,  and  anthracite  coal  and  the  number  of  bushels  of  coke, 
or  bituminous  coal  contained  in  such  load;  and  he  shall  pre- 
serve in  a book  a duplicate  of  said  certificate  for  the  use  of  the 
city. 


Markets, 


633 


1598  Weighmaster — Report  to  Council.  ] § 40-  li 

shall  be  the  duty  of  each  and  every  weighmaster  to  make  out 
and  return,  at  the  first  regular  meeting  of  the  city  council  in 
each  month,  the  aggregate  amount  of  the  receipts  of  the  scales, 
and  he  shall  also  exhibit  to  the  said  city  council  the  receipt  of 
the  city  treasurer  for  whatever  sum  may  be  due  the  city  after 
deducting  his  compensation;  and  any  weighmaster  neglecting 
or  refusing  to  comply  with  tbe  provisions  of  this  section,  may 
be  proceeded  against  on  his  bond  and  removed  from  office. 

1599-  Weight  of  Wagons.]  § 41.  It  shall  be  the  duty 
of  every  weighmaster,  who  shall  weigh  any  loaded  wagon  or 
sled,  to  weigh  any  such  wagon,  or  sled,  after  the  load  has  been 
removed  therefrom,  and  he  shall  thereupon  deliver  to  the  per- 
son in  charge  of  such  wagon,  or  sled,  the  certificate  provided 
for  in  section  thirty-seven  of  this  article,  stating  the  gross 
weight,  the  weight  of  such  wagon,  or  sled,  and  the  net  weight 
of  the  load;  and  no  certificate  shall  be  issued  by  any  weigh- 
master until  he  has  weighed  the  wagon,  or  sled,  after  the  same 
has  been  unloaded. 

1600.  Weighmaster  — Price  for  Weighing — Miscel- 
laneous Articles.]  § 42.  The  said  weighmasters  may  weigh 
any  wagon-load  other  than  hay,  straw,  coke  or  coal,  and  shall 
charge  such  person  for  weighing  such  load  the  sum  of  fifteen 
cents,  and  may  weigh  any  other  articles  or  things  for  any  per- 
son or  persons,  and  shall  charge  him  or  them  for  weighing  the 
same,  the  sum  of  fifteen  cents. 

1601.  Certificate  of  Weight  — Purchaser  — Penalty.] 

§ 43.  That  every  person  in  charge  of  a wagon,  or  other  ve- 
hicle containing  hay,  straw,  coke,  or  coal  for  sale,  shall  deliver 
to  the  purchaser  of  the  same  the  certificate  which  he  received 
from  the  weighmaster,  and  the  purchaser  shall  either  retain 
or  receipt  on  the  same  for  the  delivery  of  the  load  for  which 
such  certificate  was  made;  and  every  person  in  charge  of  a 
load  of  hay,  straw,  coke  or  coal,  who  shall  fail  or  refuse  to 


634 


Ordinances. 


deliver  up  the  certificate  to  the  purchaser,  or  who  shall  in 
any  manner  alter  or  change  the  said  certificate,  or  sell  more 
than  one  load  of  hay,  straw,  coke  or  coal  on  the  same  certifi- 
cate, shall  forfeit  and  pay  not  less  than  three  dollars,  nor  more 
than  fifty  dollars  for  every  offense;  and  any  purchaser  who 
shali  return  the  said  certificate  to  the  person  from  whom 
he  purchased  the  load,  without  receipting  the  same  as  afore- 
said, shall  forfeit  and  pay  not  less  than  one  dollar,  nor  more 
than  twentv-five  dollars,  for  every  offense. 

1602-  Sale  Without  Weighing — Penalty,]  §44.  Every 
person  who  shall  sell,  offer  for  sale,  dispose  of,  or  deliver 
after  the  same  has  been  sold,  any  load,  or  loads,  of  hay,  straw, 
coke  or  coal,  without  first  having  the  same  weighed  upon  the 
city  scales  and  paying  for  and  procuring  the  certificate  afore- 
said, shall,  for  every  offense,  forfeit  and  pay  the  sum  of  five 
dollars. 

1603-  Weighmaster — Care  of  Scale.]  § 45.  That  it 
shall  be  the  duty  of  the  weighmasters,  at  least  once  in  every 
month,  to  thoroughly  test  and  clean  their  respective  scales  at 
their  own  expense;  and  any  weighmaster  neglecting  or  re- 
fusing to  comply  with  this  section  may  be  removed  from 
office. 

1604-  Weight  per  Bushel  and  ‘Barrel  of  Certain  Ar- 
ticles Fixed.]  § 46.  Whenever  any  of  the  following  articles 
shall  be  contracted  for,  or  sold,  or  delivered,  and  no  special 
contract  or  agreement  shall  be  made  to  the  contrary,  the 
weight  per  bushel  or  barrel,  or  divisible  merchantable  quanti- 
ties of  a barrel,  shall  be  as  follows: 

Wheat  flour,  per  barrel,  196  pounds. 

Wheat  flour,  per  half  barrel,  98  pounds. 

Wheat  flour,  per  quarter  barrel  sack,  49- pounds. 

Wheat  flour,  per  eighth  barrel  sack,  24^  pounds. 

Corn  meal,  per  bushel,  48  pounds. 

Corn  meal,  per  half  bushel,  24  pounds. 


Markets. 


635 


Corn  meal,  per  quarter  bushel,  12  pounds. 

Stone  coal,  per  bushel,  80  pounds. 

Unslacked  lime,  per  bushel,  80  pounds. 

Corn  in  the  ear,  per  bushel,  70  pounds. 

Wheat,  per  bushel,  60  pounds. 

Irish  potatoes,  per  bushel,  60  pounds. 

White  beans,  per  bushel,  60  pounds. 

Clover  seed,  per  bushel,  60  pounds. 

Onions,  per  bushel,  57  pounds. 

Shelled  corn,  per  bushel,  56  pounds. 

Rye,  per  bushel,  56  pounds. 

Flax  seed,  per  bushel,  56  pounds. 

Sweet  potatoes,  per  bushel,  50  pounds. 

Turnips,  per  bushel,  55  pounds. 

Fine  salt,  per  bushel,  55  pounds. 

Buckwheat,  per  bushel,  52  pounds. 

Coarse  salt,  per  bushel,  50  pounds. 

Bailey,  per  bushel,  48  pounds. 

Castor  beans,  per  bushel,  46  pounds. 

Timothy  seed,  per  bushel,  45  pounds. 

Hemp  seed,  per  bushel,  44  pounds. 

Malt,  per  bushel,  38  pounds. 

Dried  peaches,  per  bushel,  33  pounds. 

Oats,  per  bushel,  32  pounds. 

Dried  apples,  per  bushel,  24  pounds. 

Bran,  per  bushel,  20  pounds. 

Blue  grass  seed,  per  bushel,  14  pounds. 

Hair  (plastering),  per  bushel,  8 pounds. 

1605.  Weight — Computation  of.]  § 47.  The  weight 
or  quantity  of  all  articles  shall  be  computed  in  accordance  with 
the  laws  of  this  State  in  relation  to  weights  and  measures.* 


* “The  hundred  weight  shall  consist  of  one  hundred  pounds,  and  twenty  such  hundred 
weights  shall  constitute  a ton. 

“Contracts  hereafter  to  be  executed,  made  within  this  State,  for  any  work  to  be  done,  or 
for  anything  to  be  sold  or  delivered,  done  or  agreed  for,  by  weight  or  measure,  shall  be 
taken  and  construed  to  be  made  according  to  the  standard  weight  and  measure  thus  ascer- 
tained. 


63  6 


Ordinances. 


1606.  Fire  Wood — Measurement  of.  48.  That  it 
shall  not  be  lawful  for  any  person  bringing  fire  wood  to  said 
city  for  sale,  to  sell  the  same  without  first  having  it  measured 
by  one  of  the  city  weighmasters,  and  obtaining  from  him  a 
certificate  of  the  quantity  measured. 

1607.  Wood  Wagons — Open.]  § 49.  That  all  wagons 
or  other  vehicles  used  for  hauling  fire-wood  to  said  city  for 
sale  shall  be  open  at  the  sides  and  ends  of  the  bed,  or  rack  in 
or  upon,  which  the  said  wood  may  be  piled. 

1608.  Measurement  of  Wood.]  § 50.  It  shall  be  the 
duty  of  said  officer  in  measuring  any  fire-wood  to  carefully  ex- 
amine the  manner  in  which  the  same  is  piled  or  racked  up, 
and  make  all  proper  deductions  for  the  loose  and  improper 
piling,  and  for  crooked  and  uneven  wood. 

1609.  Cord  of  Wood — Comptation  of.]  § 51.  A cord 
of  wood  shall  be  computed  at  the  rate  of  eight  feet  in  length, 
four  feet  in  breadth,  and  four  feet  in  height,  well  and  closely 
packed,  and  a part  of  a cord  shall  be  computed  in  the  same 
proportion. 

1610.  Weighmasters  — Record  of  Wood  Measure- 
ments.] § 52.  It  shall  be  the  duty  of  each  of  the  said 
weighmasters  to  keep  a book,  in  which  he  shall  enter  the 
number  of  loads  or  cords  of  wood  measured,  and  give,  under 
his  hand,  a certificate  stating  the  name  of  the  owner  or  person 
in  charge  of  the  wood,  the  day  upon  which  it  was  measured, 
and  the  quantity  of  wood,  in  cords  and  parts  of  cords,  con- 
tained in  each  measurement;  and  he  shall  preserve  in  the  book 
a duplicate  of  said  certificate  for  the  use  of  the  city. 

1611.  Purchaser  of  Wood  Certificate.]  § 53.  The 

certificate  required  by  the  preceding  section  shall  be  delivered 
to  the  purchaser  of  the  wood;  who  shall  either  destroy  or  re- 
tain the  same,  but  in  no  case  shall  he  return  it  to  the  person 


Markets. 


637 


from  whom  the  wood  was  purchased  without  receipting 
thereon  for  the  delivery  of  the  load,  for  which  such  certificate 
was  made. 

1612.  Reports  of  Wood — Measurements.  ] § 54- 

shall  be  the  duty  of  each  of  said  weighmasters  to  present  a 
report  to  the  city  council,  monthly,  of  the  aggregate  amount 
received  for  measuring  wood  hereunder,  accompanied  by 
the  receipt  of  the  city  treasurer  for  whatever  sum  may  be 
due  the  city  after  deducting  his  compensation. 

1613.  Price  for  Measuring  Wood,]  § 55.  The  price 
for  measuring  each  load  or  cord,  or  part  of  a cord  of  wood, 
and  issuing  the  certificate  required,  shall  be  ten  cents;  and 
the  same  shall  be  paid  by  the  person  having  the  wood  for 
sale,  before  he  shall  receive  the  said  certificate. 

1614.  Sale  Without  Measurement — Penalty.]  § 56. 

Any  person  who  shall  sell  fire  wood  in  said  city  without  first 
having  the  same  measured  and  procuring  the  said  certificate, 
or  shall  be  guilty  of  fraud  or  imposition  in  the  sale  of  wood, 
or  shall  in  any  manner  change  or  alter  the  said  certificate,  or 
sell  more  than  one  load  or  cord  on  the  same  certificate,  shall 
forfeit  and  pay  not  less  three  dollars,  nor  more  than  one  hun- 
dred dollars  for  every  offense. 

1615.  Cerificate  of  Measurement — Refusal  to  Exhibit — 
Penalty.  § 57.  Every  driver  or  person  in  charge  of  any 
loaded  vehicle  who  shall  fail  or  refuse  to  exhibit  to  the  mayor, 
superintendent  of  police,  or  any  policeman  of  said  city,  when 
required  so  to  do,  the  certificate  of  the  quantity  of  wood,  coal, 
coke,  hay  or  straw  in  his  load,  shall  forfeit  and  pay  not  less 
than  one  dollar,  nor  more  than  fifty  dollars  for  every  offense. 

1616.  Compensation  of  Weighmasters,]  § 58.  All 

city  weighmasters,  appointed  under  the  provisions  of  this 
ordinance  shall  be  entitled  to  retain,  as  their  compensation, 
one-third  ( 1-3)  of  the  receipts  of  the  scales  under  their  control. 


638 


Ordinances. 


ARTICLE  31. 

MISDEMEANORS. 


Section. 

1617.  Burglars’  Tools— Possession  of— Pen- 

alty. 

1618.  Assault  and  Battery— Penalty. 

.1619.  Loud  and  Unusual  Noises — Penalty. 

1620.  Animal— Disturbing  Noises  by— Pen- 

alty. 

1621.  Challenge  to  Fight— Offensive  Lan- 

guage— Penalty. 

1622.  Impersonating  a City  Officer— Pen- 

alty. 

1623.  Unlawful  Assembly— Penalty. 

1624.  Permitting  Unlawful  Assembly  on 

Premises — Penalty. 

1625.  Disturbing  Religious  Worship— Pen- 

alty. 

1626.  Disturbing  Lawful  Assemblage — Pen- 

alty. 

1627.  Disturbing  Funeral  Procession— Pen- 

alty. 

1628.  Congregating  in  Stairways  and  on 

Street  Corners— Penalty. 

1629.  Minors— Prohibited  on  Streets  After 

9 p.  m. — Penalty. 

1630.  Throwing  Missies — Penalty. 

1631.  Molesting  Vehicles — Penalty. 

1632.  Intoxicated  Person  — Appearing  in 

Public— Penalty. 

1633.  Profane  or  Obscene  Language— Pen- 

anlty. 

1634.  Indecent  Writing— Penalty. 

1635.  Indecent  Exhibition  of  Animal — Pen- 

alty. 

1636.  Immoral  Publication— Penalty. 

1637.  Sleeping  in  Public  Place — Penalty. 

1638.  Indecent  Exposure — Penalty. 

1639.  Bathing  in  River  or  Lake— Penalty. 

1640.  Indecent  Play — Penalty. 

1641.  Dog  Fight,  etc.— Penalty. 

1642.  Cruelty  to  Animals— Penalty. 

1643.  Lottery  Tickets  and  Chances  — Pen- 

alty. 

1644.  Inducing  to  Bet— Penalty. 

1645.  Purchase — Chance  Included — Penalty. 

1646.  Keeping  House  of  Ill-Fame— Penalty. 

1647.  Leasing  Premises  for  Immoral  Pur- 

poses—Penalty. 

1648.  Inmate  of  House  of  Ill-fame— Pen- 

alty. 

1649.  Enticing  to  Enter  House  of  Ill-fame— 

Penalty. 

1650.  Evidence  — General  Reputation  of 

House  Sufficient. 

1651.  Deformed,  etc.,  Person — Exposure  of 

— Penalty. 

1652.  Birds— Protection  of. 


Section. 

1653.  Excavation  in  Streets— Protection  0 f 

— Penalty. 

1654.  Contractor — Excavations — Protection 

— Penalty. 

1655.  Entrance  to  Premises— Spiked  Rail- 

ings. 

656.  Streets— Casting  Refuse  Fruit  Into— 
Penalty. 

1657.  Throwing  Liquid  Into  Street — Pen- 

alty. 

1658.  Medicine  by  Deceptive  Name— Pen- 

alty. 

1659.  Poison — Sale  of — Label — Penalty. 

1660.  Opium  Smoking— Place  for  Prohib- 

ited— Penalty. 

1661.  Cleansing  Garment  in  Street — Pen- 

alty. 

1662.  Getting  on  Cars  in  Motion— Penalty. 

1663.  Turning  on  Persons  or  Property — 

Penalty. 

1664.  Public  Buildings— Means  of  Egress- 

Penalty. 

1665.  Distribution  of  Handbills  on  Streets 

— Penalty. 

1666.  Street>  Obstruction— Exhibition,  etc. 

Penalty, 

1667.  Street— Lounging  Thereon — Penalty. 

1668.  Dangerous  Animal  on  Street  — Pen- 

alty. 

1669.  Sleighs,  etc.,  Without  Bells— Penalty: 

1670.  Air  Gun.  etc. — Discharge  of — Penalty. 

1671.  Scaffolds  Used  in  Building— Security 

of— Penalty. 

1672.  Ice — Permission  to  Cut — Penalty. 

1673.  Impure  Ice— Sale  of— Penalty. 

1674.  Breach  of  Peace — Penalty. 

1675.  Injury  to  Property— Penalty. 

1676.  Injury  to  Trees,  etc. — Penalty. 

1677.  Casting  Missies — Injuring  or  Defac- 

ing Property— Penalty.. 

1678.  Posting  Bills  on  Fence  or  Building — 

Penalty. 

1679.  Injury  to  Street  Lamps,  Telegraph  1 

Telephone  and  Electric  Light  Ap- 
paratus, etc.— Penalty. 

1680.  Lamp  Post — Interfering  With — Pen- 

alty. 

1681.  Corner  Stone — Tampering  With  — 

Penalty. 

1682.  Service  Lid  or  Cup — Injury  to  — Pen- 

alty. 

1683.  Meters — Tampering  With — Penalty. 

1684.  Sods— Digging  of— Penalty. 

1685.  Grass  Platt  — Trespassing  on— Pen- 

alty. 

1686.  Religious  Meeting  — Disturbance  of 

— Penalty. 


Misdemeanors. 


639 


Section. 

1687.  Disturbing  Peace  on  Sunday-Penalty. 

1688.  Sunday  Amusement— Penalty. 

1689.  Keeping  Open  Place  of  Business  on 

Sunday — Penalty. 

1690.  Keeping  Open  Saloon  on  Sunday  — 

Penalty. 


Section. 

1691.  Ordinary,  Connected  with  Saloon, 

Open  on  Sunday— Penalty. 

1692.  Vagrancy — Penalty. 

1693.  Causing  Pauper  to  be  a Charge  on 

City — Penalty. 


1617-  Burglars’ Tools — Possession  of — Penalty.]  § 1. 

It  shall  be  unlawful  for  any  person  to  have,  in  his  possession, 
any  nippers  of  the  description  known  as  burglars’  nippers, 
pick-lock,  skeleton  key,  key  to  be  used  with  a bit  or  bits, 
jimmy,  or  other  burglar’s-  instrument  or  tool,  of  whatsoever 
kind  or  description,  unless  it  be  shown  that  such  possession  is 
innocent  or  tor  a lawful  purpose,  under  a penalty  of  not  less 
than  one  hundred  dollars. 

1618.  Assault  and  Battery — Penalty.]  § 2.  Whoever 
shall  commit  an  assault,  or  an  assault  and  battery,  upon  the 
person  of  another,  or  shall  be  guilty  of  an  affray  within  the 
limits  of  the  city  of  Peoria,  shall,  upon  conviction,  be  fined  not 
less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

1619.  Loud  or  Unnsual  Noises — Penalty.]  § 3.  Who- 
ever shall  disturb  the  peace  of  the  city,  or  the  quiet  of  any 
private  family  or  person  therein,  by  loud  or  unusual  noises,  bv 
blowing  of  horns  or  other  instruments,  or  by  the  unnecessary 
blowing  of  steam  whistles,  or  by  the  beating  of  drums,  kettles 
or  other  sounding  vessels  or  instruments,  or  by  the  ringing  of 
bells  or  crying  of  goods,  or  by  loud  or  boisterous  laughing, 
or  singing,  or  by  creating  false  alarms,  as  by  crying  “ fire”  or 
“ police,”  or  by  violent  or  tumultuous  carriage,  or  by  shouting, 
cursing,  quarreling,  challenging  to  fight,  or  fighting,  or  by 
any  other  disorderly  conduct,  shall,  upon  conviction,  be  fined 
not  less  than  one  dollar,  nor  more  than  one  hundred  dollars, 
for  each  offense. 

1620.  Animal — Disturbing  Noises  by — Penalty.]  § 4. 

No  person  shall,  in  said  city,  keep  or  harbor  any  dog,  whelp, 


640 


Ordinances. 


bitch,  cow,  calf,  hog,  or  other  animal,  shut  up  or  tied  up 
in  any  yard,  house  or  other  place,  which  by  barking,  howl- 
ing, bawling  or  by  other  noises,  shall  disturb  the  peace  and 
quiet  of  any  family,  individual,  or  neighborhood;  and  every 
person  violating  this  section  shall  forfeit  and  pay  not  less  than 
one  dollar,  nor  more  than  twenty-five  dollars,  for  every 
offense. 

1621.  Challenge  to  Fight — Offensive  Language — Pen- 
alty.]  § 5.  If  any  person  shall,  within  said  city,  challenge 
another  to  fight,  or  shall  threaten  or  traduce  another,  or  shall 
use  any  profane,  obscene  or  offensive  language,  or  shall  in- 
dulge in  any  conduct  toward  another  tending  to  provoke  a 
disturbance  or  breach  of  the  peace,  the  person  so  offending 
shall,  upon  conviction,  be  fined  not  less  than  three  dollars,  nor 
more  than  fifty  dollars. 

1622.  Impersonating  a City  Officer — Penalty.]  § 6. 

Whoever  shall,  in  this  city,  falsely  represent  himself  to  be  an 
officer  of  this  city,  or  shall,  without  being  duly  authorized 
by  the  city,  exercise  or  attempt  to  exercise  any  of  the  duties,, 
functions,  or  powers  of  a city  officer,  shall,  upon  conviction, 
be  fined  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars,  for  each  offense. 

1623.  Unlawful  Assembly — Penalty.]  § 7.  Any  two 

or  more  persons  who  shall,  within  the  city,  assemble  together 
for  any  unlawful  purpose,  or  who,  being  assembled,  shall  act 
in  concert,  to  do  an  unlawful  act,  with  force  and  violence, 
against  the  property  of  the  city,  or  the  person  or  prop- 
erty of  another,  or  against  the  peace  or  to  the  terror  of  citizens 
or  other  persons,  or  who  shall  make  any  movement  or  prepar- 
ation therefor,  shall  be  severally  subject  to  a fine  of  not  less 
than  three  dollars,  nor  more  than  fifty  dollars,  and  to  a further 
fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars, 
upon  refusal  to  disperse  after  being  requested  to  do  so  by  any 
police,  or  other  conservator  of  the  peace. 


M I SDEMEANORS. 


641 

1624-  Permitting-  Unlawful  Assemblage — On  Prem- 
ises— Penalty.]  § 8.  Whoever  shall,  knowingly,  suffer  or 
permit  any  assemblage  for  the  purpose  of  committing  any  un- 
lawful act  or  breach  of  the  peace,  or  any  riotious,  offensive  or 
disorderly  conduct,  in  or  upon  premises  owned  or  occupied  by 
him,  or  under  his  control,  within  said  city,  shall,  on  conviction, 
be  fined  not  less  than  five  dollars,  nor  more  than  fifty  dollars. 

1625.  Disturbing  Religious  Worship— Penalty.]  § 9. 

Whover  shall,  within  the  limits  of  said  city,  disquiet  or  dis- 
turb any  congregation  or  assembly  met  for  religious  worship, 
by  making  a noise,  or  by  any  rude,  indecent  behavior,  or  pro- 
fane discourse,  or  disorderly  conduct,  within  their  place  of 
worship,  or  so  near  the  same  as  to  disturb  the  order  or  sol- 
emnity of  the  meeting,  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 

1626.  Disturbing  Lawful  Assemblage — Penalty.]  § 10. 

Whoever  shall,  in  said  city,  disturb,  or  disquiet  any  lawful  as- 
semblage or  association  of  people,  by  any  rude  or  indecent 
behavior,  or  by  any  disorderly  conduct,  or  who  shall  create 
any  disturbance,  or  be  guilty  of  any  disorderly  conduct,  at 
any  election  poll,  shall,  on  conviction,  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  for  each  of- 
fense. 

1627.  Disturbing  Funeral  Procession — Penalty.]  §11. 
Whoever  shall  interrupt  or  disturb  any  funeral  procession  or 
funeral  assemblage,  or  shall  break  into,  or  drive  any  horse  or 
conveyance  through  any  funeral  procession,  shall,  on  convic- 
tion, be  fined  not  less  than  five  dollars,  nor  more  than  fifty  dol- 
lars. 

1628.  Congregating  in  Stairways  and  on  Corners 

Penalty.]  § 12.  It  shall  be  unlawful  for  any  person,  or  per- 
sons, in  said  city,  to  loiter  or  congregate  about,  or  upon  any 

stairway,  doorway,  window,  or  in  front  of  any  business  or 
42 


642 


Ordinances. 


dwelling  house,  theater,  lecture  room,  church,  street,  or  street 
corner,  or  elsewhere,  and  by  so  doing  obstruct  or  interfere 
with  the  free  passage  of  persons  entering  or  occupying  such 
building  or  premises,  or  by  their  language,  conversation  or 
conduct  annoy,  insult  or  disturb  persons  passing  along  the 
streets  or  alleys,  or  occupying,  residing  or  doing  business  in 
any  of  said  houses  or  places;  and  every  person  violating  this 
section  shall  be  deemed  guilty  of  a misdemeanor,  and,  on  convic- 
tion, shall  forfeit  and  pay  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars  for  every  offense;  and  it  shall  be  the 
duty  of  every  policeman  to  arrest  and  prosecute  all  persons 
offending  under  this  section. 

1629.  Minors  Prohibited  on  Streets  After  9 O’clock 
p.  m. — Penalty.]  § 13.  It  shall  be  unlawful  for  any  person, 
or  persons,  in  said  city,  under  eighteen  years  of  age  to  be 
found  upon  any  of  the  streets,  alleys,  public  squares,  or  public 
grounds  after  the  hour  of  nine  o’clock,  p.  m.,  who  are  not  ac- 
companied by  their  parents  or  guardians,  and  who  can  not 
give  a satisfactory  account  of  why  they  are  absent  from  their 
homes;  and  every  person  violating  this  section  shall  be  ar- 
rested by  the  police  and  taken  to  their  homes,  and  if  they  shall 
be  arrested  a second  time  for  a similar  offense,  they  shall,  on 
conviction*  forfeit  and  pay  not  less  than  one  dollar,  nor  more 
than  twenty-five  dollars,  for  every  offense. 

1630-  Throwing  Missiles — Penalty.]  § 14.  No  person 
shall  purposely,  or  heedlessly,  cast  or  throw  any  stone,  brick- 
bat, clod,  snow-ball,  or  other  missile  from  or  into  any  public 
place,  or  at  any  house  or  person,  within  the  city,  under  a pen 
alty,  in  each  case,  of  not  less  than  one  dollar,  nor  exceeding 
five  dollars. 

1631-  Molesting  Vehicles — Penalty.]  § 15.  No  per- 
son shall  climb  upon  or  into  any  wagon,  carriage,  sleigh  or 
other  vehicle,  while  the  same  may  be  in  motion,  or  attach  his 
sled  or  cart  to  any  such  vehicle,  without  the  consent  of  the 


Misdemeanors. 


643 


driver  thereof;  or  shall  otherwise  willfully  molest,  or  annoy 
any  person,  in  said  city,  under  a penalty  of  not  less  than  one 
dollar,  nor  exceeding  five  dollars  in  each  case. 

1632-  Intoxicated  Person — Appearance  of  in  Public — 
Penalty.]  § 16.  It  shall  be  unlawful  for  any  person,  who  is 
in  a state  of  intoxication  or  drunkenness,  to  be  or  appear  in 
any  street  or  public  place,  or  place,  or  premises  open  to  public 
view,  within  the  city  of  Peoria;  or  in  any  private  house  or 
place,  to  the  annoyance  of  any  person,  under  a penalty,  for 
each  offense,  of  not  less  than  three  dollars,  nor  more  than 
twenty-five  dollars. 

1633*  Profane  or  Obscene  Language — Penalty.]  § 17. 

Whoever  shall  use  any  profane  or  obscene  language,  in  any 
place  in  said  city,  loud  enough  to  be  overheard  by  persons 
passing  thereby,  or  shall  be  guilty  of  any  disorderly  conduct 
or  behavior,  shall,  in  either  case,  be  subject  to  a fine  of  not 
less  than  three  dollars,  nor  more  than  fifty  dollars. 

1634-  Indecent  Writing,  Etc. — Penalty.]  § 18.  Who- 
ever shall,  in  any  public  place,  or  place  open  to  public  view, 
within  said  city,  write  or  draw,  cut,  make  or  exhibit  any  lewd 
or  indecent  word,  sentence,  design  or  figure,  shall,  in  either 
case,  be  subject  to  a fine  of  not  less  than  five  dollars,  nor  more 
than  fifty  dollars. 

1635.  Indecent  Exhibition  of  Animal — Penalty.]  § 19. 

No  person  in  said  city  shall  indecently  exhibit  any  horse,  jack 
or  other  animal,  or  let  any  horse  or  jack  to  any  mare  or  jenny, 
unless  in  some  inclosed  place  and  entirely  out  of  public  view; 
and  any  person  violating  this  section  shall,  on  conviction,  for- 
feit and  pay  not  less  than  ten  dollars,  nor  more  than  one  hun- 
dred dollars,  for  every  offense. 

1636.  Immoral  Publications  — Penalty.]  § 20.  Any 

person  who  shall  bring  or  cause  to  be  brought  into  said  city, 
for  the  purpose  of  sale  or  exhibition,  or  shall  keep,  sell,  offer 
or  expose  for  sale,  any  obscene,  immoral  or  indecent  publica- 


6 44 


Ordinances. 


tion,  book,  pamphlet,  paper,  print,  picture,  illustration,  model, 
cast,  instrument  or  article  of  indecent  or  immoral  use,  or  shall 
advertise  the  same  for  sale  or  exhibition,  shall,  on  conviction, 
be  fined  not  less  than  ten  dollars,  nor  more  than  two  hundred 
dollars,  for  each  offense. 

1637.  Sleeping  in  Public  Place — Penalty.]  § 21. 

Whoever  shall  be  found  sleeping  in,  or  upon  any  street,  ave- 
nue, alley  or  other  public  place  in  said  city;  or  in  or  upon  any 
private  lot  or  premises,  without  the  consent  of  the  owner,  or 
occupant  of  such  lot  or  premises,  shall  be  fined  not  less  then 
three  dollars,  nor  more  than  twenty-five  dollars,  for  each 
offense. 

1638.  Indecent  Exposure — Penalty.]  § 22.  Whoever 
shall,  in  said  city,  make  any  indecent  exposure  of  his  or  her 
person,  or  shall  appear  in  any  public  place,  or  place  exposed 
to  public  view,  in  a dress  not  belonging  to  his  or  her  sex,  or 
in  an  indecent  or  lewd  dress,  or  in  a state  of  nudity,  or  shall 
be  guilty  of  any  other  immoral,  indecent  or  lewd  act,  shall, 
upon  conviction,  be  fined  not  less  than  five  dollars,  nor  more 
than  fifty  dollars,  for  each  offense. 

1639-  Bathing  in  River — Penalty.]  § 23.  No  person 
shall  swim  or  bathe  in  the  waters  of  Illinois  river,  ad- 
jacent to  the  city,  unless  such  person  be  clothed  in  a suitable 
bathing  dress,  under  a penalty  of  not  less  than  five  dollars,  for 
each  offense. 

1640.  Indecent  Play — Penalty.]  § 24.  Whoever  shall 
exhibit  or  perform,  or  assist  in  exhibiting  or  performing,  in 
said  city,  any  obscene,  indecent  or  lewd  play,  or  representa- 
tion, or  shall  knowingly  permit  the  same  to  be  exhibited,  or 
performed  in  any  building  or  hall  owned  or  controlled  by  him, 
shall,  in  each  case,  be  subject  to  a fine  of  not  less  than  ten 
dollars,  nor  more  than  two  hundred  dollars. 

1641.  Dog  Fight,  Etc. — Penalty,]  § 25.  Any  person 
who  shall,  within  the  city,  keep  or  use,  or  be  in  any  way  con- 


Misdemeanors. 


645 


nected  with  the  management  of  any  place  kept  or  used  for 
the  fighting,  or  baiting  of  any  dog,  cock,  or  other  animal,  or 
who  shall  permit  such  place  to  be  kept  or  used  on  premises 
owned,  rented  or  controlled  by  him,  or  who  shall  frequent  or 
be  found  therein,  for  the  purpose  of  witnessing  such  fighting 
or  baiting,  shall,  in  each  case,  on  conviction,  be  fined  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars. 

1642.  Cruelty  to  Animals — Penalty.]  § 26.  Whoever 
shall  be  guilty  of  cruelty  to  any  animal,  in  any  of  the  ways 
mentioned  in  this  section,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars,  for  each  offense, 
viz: 

1.  By  overloading,  overdriving,  overworking,  cruelly 
beating,  torturing,  tormenting,  mutilating,  or  cruelly  killing 
any  animal,  or  causing,  or  knowingly  allowing  the  same  to  be 
done. 

2.  By  cruelly  working  any  old,  maimed,  infirm,  sick  or  dis- 
abled animal,  or  causing,  or  knowingly  allowing  the  same  to 
be  done. 

3.  By  failing  to  provide  any  animal  in  his  charge  or  cus- 
tody, as  owner  or  otherwise,  with  proper  and  necessary  food, 
drink  or  shelter. 

4.  By  abandoning  or  turning  out  to  die,  any  old,  maimed, 
infirm,  sick  or  disabled  animal. 

5.  By  carrying  or  driving,  or  causing  to  be  carried  or 
driven,  or  kept,  any  animal  in  an  unnecessarily  cruel  manner. 

1643.  Lottery  Tickets  and  Chances — Penalty.]  § 27. 

It  shall  be  unlawful  for  any  person,  in  said  city,  to  keep  an 
office,  room  or  place  for  the  sale,  or  other  disposition  of  lottery 
tickets;  nor  shall  it  be  lawful  for  any  person  in  said  city  to  vend, 
sell  or  otherwise  dispose  of  any  lottery  ticket  or  tickets;  nor 
shall  it  be  lawful  for  any  person  in  said  city  to  sell  or  dispose 
of,  in  any  matter  whatever,  any  tickets,  figures,  numbers  or 
characters  for  any  “prize-gift,”  “present,”  “gift-enterprise,” 


646 


Ordinances. 


“gift-distribution,”  “chance,”  or  for  anything  of  the  like  name 
or  nature,  where  money  or  other  property  is  directly  or  indi- 
rectly pledged,  paid  or  to  be  pledged  or  paid,  for  a share  or  a 
chance,  or  for  any  participation  in  the  same,  or  where  num- 
bers, figures,  characters,  gifts,  prizes,  presents  or  donations  are 
to  be  drawn,  disposed  of  or  received  by  any  person  in  any 
manner  whatever;  and  every  person  convicted  of  a violation  of 
this  section  shall  forfeit  and  pay  not  less  than  five  dollars,  nor 
more  than  one  hundred  dollars,  for  every  offense. 

1644.  Inducing  to  Bet — Penalty.]  § 28.  It  shall  be 
unlawful  for  any  person  in  said  city  to  perform,  or  play  any 
tricks,  or  slight-of-hand,  or  anything  of  like  nature,  with  cards, 
dice,  balls,  thimbles,  figures,  numbers  or  characters,  or  with 
any  dishonest  or  fraudulent  instrument,  apparatus  or  thing, 
where  persons  are  induced  to  bet,  loan,  depositor  stake  money 
or  other  property  upon  the  result  of  such  tricks,  or  the  turning 
or  placing  of  any  such  instrument  or  apparatus,  or  of  any  fig- 
ure, letter,  number  or  character  attached  to,  or  played  upon 
any  such  instrument  or  apparatus,  or  by  any  person;  and  any 
person  convicted  under  this  section  shall  forfeit  and  pay  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars,  for 
every  offense. 

1645.  Purchase — Chance  Included — Penalty.  J § 29* 

Each  and  every  sale  or  purchase,  wherein  any  part  of  the  arti- 
cles or  things  received,  or  to  be  received,  either  as  to  quantity 
or  value,  shall  in  any  manner  depend  upon  any  chance  or 
hazard,  whether  by  means  of  checks,  cards,  envelopes,  num- 
bers, dice  or  by  any  means  whatever,  is  hereby  declared  to  be 
gaming,  within  the  meaning  of  the  provisions  hereof,  and  as 
such,  to  be  unlawful.  Any  person  so  selling,  or  disposing  of 
any  article  or  thing  of  value,  within  said  city,  shall  be  liable  to 
a fine  of  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars  for  each  offense. 


Misdemeanors. 


647 


1646-  Keeping  House  of  Ill-fame  — Penalty.]  § 30. 

Whoever  shall,  within  the  city  of  Peoria,  keep  or  maintain 
directly  or  indirectly,  any  bawdy  or  disorderly  house,  house  of 
ill-fame,  or  of  assignation,  or  place  for  the  practice  of  forni- 
cation or  adultery,  or  any  boat  or  floating  structure,  within 
two  miles  of  the  limits  of  said  city,  for  any  such  purpose, 
shall,  upon  conviction,  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  two  hundred  dollars,  for  each  offense, 
and  be  subject  to  a like  further  fine  for  every  forty-eight  hours 
after  the  first  conviction,  that  such  house  shall  be  continued  or 
maintained. 

1647-  Leasing  Premises  for  Immoral  Purposes — Pen- 
alty.]  § 31.  Whoever  shall,  within  said  city,  lease,  let,  or 
permit  any  building  or  premises,  boat  or  floating  structure, 
owned  by  him  or  under  his  control,  to  be  used,  in  whole  or 
in  part,  as  a house  of  ill-fame,  or  house  of  assignation,  or 
place  for  the  practice  of  fornication  or  adultery,  or  whoever 
shall  lease  any  building  or  premises  for  a lawful  purpose, 
that  may  afterwards,  with  his  knowledge,  be  converted,  in 
’whole  or  in  part,  into  the  immoral  uses  and  purposes  above 

set  forth  in  this  section,  shall,  on  conviction,  be  subject  to  a 
fine  of  not  less  than  twenty-five  dollars,  nor  more  than  two 
hundred  dollars,  for  each  offense,  and  to  a further  like  fine  for 
every  forty-eight  hours  after  the  first  conviction  that  he  shall 
continue  to  violate  this  section. 

1648.  Inmate  of  House  of  Ill-Fame — Penalty.]  § 32. 

Whoever  shall  be  an  inmate  or  occupant  of,  or  shall  frequent, 
or  be  found  in  any  bawdy  house,  house  of  ill-fame,  or  of  assig- 
nation, or  place  used  for  the  practice  of  fornication  or  adultery, 
within  said  city,  shall,  on  conviction,  be  fined  not  more  than 
one  hundred  dollars  for  each  offense. 

1649-  Enticing  to  Enter  House  of  Ill-fame — Penalty.] 

§33*  Whoever  shall,  within  said  city,  entice,  influence,  or 
persuade,  any  person  to  enter  or  frequent  any  bawdy  house, 


64  8 


Ordinances. 


house  of  ill-fame,  or  of  assignation,  or  place  used  for  the  prac- 
tice of  fornication  or  adultery;  or  whoever  shall  induce  or  per- 
suade any  minor  to  enter  or  frequent,  or  shall  allow  or  permit 
any  minor  to  remain  in  any  such  house  or  place,  shall,  for 
each  offense,  be  subject  to  a fine  of  not  more  than  one  hundred 
dollars. 

16^0  Evidence — General  Reputation  of  House  Suf- 
ficient.] § 34.  In  any  action  or  suit  arising  under  either  of 
the  four  last  preceding  sections  of  this  article,  the  fact  that  any 
house  is  a house  of  ill-fame  or  of  assignation,  or  that  any  place 
is  used  for  the  practice  of  fornication  or  adultery,  may  be 
-prima  facte  proven,  by  evidence,  that  such  is  the  general  repu- 
tation of  the  same. 

1651.  Deformed,  Etc.,  Person — Exposure  of— Penalty 
— Fine  Suspended — When.]  § 35.  Any  person  who  is 
diseased,  maimed,  mutilated,  or  in  any  way  deformed,  so  as  to 
be  an  unsigntly  or  disgusting  object,  or  an  improper  person 
to  be  allowed  in  or  on  the  streets,  highways,  thoroughfares  or 
public  places  in  this  city,  shall  not  therein  or  thereon  expose, 
himself,  or  herself  to  public  view,  under  the  penalty  of  one 
dollar  for  each  offense. 

1652.  Birds — Protection  of — Penalty.]  § 36.  Every 
person  who  shall  kill,  or  wound,  or  attempt  to  kill,  or  wound, 
by  the  use  of  fire  arms,  bow  and  arrow,  pelting  with  stones, 
or,  otherwise,  any  bird,  within  the  city  limits,  or  shoot  an  ar- 
row, or  throw  a stone,  or  club,  or  other  missile  at  any  bird 
within  any  private  grounds,  or  public  parks,  squares  or 
grounds,  or  enter  upon  any  private  enclosure,  or  public 
ground  belonging  to  the  city,  for  the  purpose  of  doing  any 
act  prohibited  in  this  section,  shall  forfeit  anti  pay  not  less  than 
five  dollars,  nor  more  than  ten  dollars  for  each  offense, 

1653.  Excavation  in  Streets — Protection  of — Penalty.] 

§ 37.  Every  person  in  said  city,  who  shall  dig,  make,  or 
cause  to  be  dug,  or  made,  any  hole,  pit,  ditch,  vault,  or  other 


Misdemeanors. 


6 49 

excavation,  on  or  upon  any  street,  lane,  avenue,  alley,  side- 
walk, or  other  public  place,  or  who  shall  dig,  make,  or  cause 
to  be  dug  or  made,  any  excavation  upon  any  lot  adjoining,  or 
bounded  by  any  street,  lane,  avenue,  alley,  public  place,  or 
sidewalk,  and  who  shall  not  during  the  night  cause  the  same 
to  be  fenced  in  with  a substantial  fence,  at  least  three  feet 
high,  the  boards  or  rails  of  which  shall  not  be  more  than  one 
foot  apart,  shall,  on  conviction,  forfeit  and  pay  not  less  than 
five  dollars,  nor  more  than  one  hundred  dollars,  for  every  of- 
fense. 

1654-  Contractor — Excavation — Protection — Penalty.  J 

38.  Any  city  officer  or  contractor  for  public  work  in  said 
city,  who  shall  make  any  excavation  in  any  street,  lane,  avenue, 
alley,  sidewalk,  or  public  place,  and  shall  not  cause  poles,  tim- 
bers, or  planks,  raised  at  least  three  feet  above  the  ground,  to 
be  so  placed  as  to  prevent  persons,  animals,  or  vehicles  from 
falling  into  the  same,  shall  be  deemed  guilty  of  a misdemeanor, 
and,  upon  conviction,  shall  forfeit  and  pay  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars,  for  every  offense. 

1655-  Entrance  to  Premises — Spiked  Railings.]  § 39. 

No  person  being  the  owner,  lessee,  agent,  or  occupant  of  any 
building  in  this  city,  shall  erect  or  maintain,  or  permit  to  be 
erected,  or  maintained,  on  or  about  the  stairway  in,  or  the  en- 
trance to  such  building,  or  on  or  about  its  exterior  building 
line,  or  upon  any  portion  of  the  sidewalk  adjacent  to  such 
building,  any  railing,  fence,  guard,  or  protection  of  any  kind, 
upon  which  said  railing,  fence,  guard,  or  other  protection, 
there  shall  be  affixed,  or  placed,  or  in  any  manner  attached, 
any  spike,  nail,  or  other  pointed  instrument  of  any  kind,  or 
description,  under  the  penalty  of  not  less  than  twenty-five  dol- 
lars for  each  offense;  and  each  and  every  day  any  such  per- 
son shall  fail,  or  neglect  to  remove  from  guch  railing,  fence,  or 
other  protection,  any  such  spike,  nail,  or  other  pointed  instru- 
ment, after  the  first  conviction  therefor,  shall  constitute  a new, 
separate  and  distinct  offense. 


Ordinances. 


650 

1656-  Streets — Casting  Refuse  Fruit  Into — Penalty.] 

§ 40.  No  person  shall  throw,  cast,  lay  or  place  on  any  side- 
walk, in  the  city  of  Peoria,  the  rind  or  peel  of  any  orange, 
banana,  apple  or  other  fruit,  under  a penalty  of  not  less  than 
two  dollars  for  each  offense. 

1657-  Throwing  Liquid  Into  Street — Penalty.]  § 41. 

No  person  shall  throw  or  deposit  any  water  or  other  liquid 
in  any  part  of  any  street,  alley,  lane  or  public  place,  under  a 
penalty  of  two  dollars  for  every  such  offense. 

1658*  Medicine  by  Deceptive  Name  — Penalty.]  §42. 
No  doctor,  druggist,  or  other  person  shall  make,  sell,  put  up, 
prepare  or  administer  any  prescription,  decoction,  or  medicine 
under  any  deceptive  or  fraudulent  name,  direction  or  pretense, 
under  a penalty  of  not  less  than  one  hundred  dollars. 

1659-  Poison — Sale  of — Label  — Penalty.]  § 43.  No 

poisonous  medicine,  decoction  or  substance  shall  be  held  for 
sale  or  sold,  except  for  lawful  purposes  and  with  proper  mo- 
tives, and  by  persons  competent  to  give  the  proper  directions 
and  precautions  as  to  the  use  of  the  same;  nor  shall  any  bottle, 
box,  parcel  or  receptacle  thereof  be  delivered  to  any  person 
unless  the  same  is  marked  “ poison,”  nor  to  any  person  to 
whom  the  party  delivering  the  same  has  reason  to  think  in- 
tends it  for  any  illegal  or  improper  use  or  purpose,  under  a 
penalty  of  not  less  than  twenty-five  dollars  for  each  offense. 

1680-  Opium  Smoking  — Place  For  Prohibited — Pen- 
alty.] § 44.  No  person  shall,  within  the  corporate  limits  of 
the  city,  keep  or  maintain  or  become  an  inmate  of,  or  in  any 
way  contribute  to  the  support  of  any  place,  house,  or  room 
where  opium  is  smoked,  or  where  persons  assemble  for  the 
purpose  of  smoking  opium  or  inhaling  the  fumes  thereof,  un- 
der a penalty  of  not  less  than  five  dollars,  nor  more  than  fifty 
dollars,  for  each  offense. 

1661.  Cleansing  Garments,  Etc.,  in  Street — Penal  ty. 

§ 45.  No  dyer,  or  scourer  or  any  other  person  shall  wash, 


Misdemeanors. 


651 


rinse  or  cleanse  or  cause  or  procure  to  be  washed,  rinsed  or 
cleansed  any  cloth,  yarn  or  garment  in  any  street  in  the  city 
of  Peoria,  under  a penalty  of  ten  dollars  for  each  offense. 

1662.  Getting  on  Cars  in  Motion — Penalty.]  § 46.  It 

shall  be  unlawful  for  any  person  to  play  upon,  or  about,  any 
railroad  track,  depot,  locomotive  or  car  within  said  city;  or  to 
climb  upon,  or  jump  from  any  car,  or  train  of  cars,  or  from 
one  car  to  another,  or  to  climb  or  jump  upon  any  street  car, 
while  the  same  may  be  in  motion;  and  any  person  violating 
any  provision  of  this  section,  shall,  upon  conviction,  be  fined 
not  less  than  two  dollars,  nor  more  than  ten  dollars,  for  each 
offense. 

1663.  Turning  Hose  on  Persons  or  Property — Penalty.] 

§ 47.  Whoever  shall  willfully  turn  a stream  of  water  from 
any  hose  or  hydrant,  upon  any  person,  or  upon  any  private 
premises  not  being  the  occupant  thereof,  shall  be  liable  to  a 
fine  of  not  less  than  three  dollars,  nor  more  than  twenty  dollars. 

1664.  Public  Building — Means  of  Egress — Penalty.] 

§ 48.  All  public  buildings  in  process  of  erection  at  the  time 
of  the  taking  effect  of  this  ordinance,  or  hereafter  to  be 
erected, or  constructed  in  said  city, which  may,  or  shall  be  used  for 
churches,  school-houses,  opera-houses,  theaters,  lecture  rooms, 
town  halls,  hotels,  or  for  any  purpose  whereby  a collection  of 
people  be  assembled  together  for  religious  worship,  amuse- 
ment, instruction  or  otherwise,  shall  be  so  built  and  con- 
structed that  all  doors  leading  from  the  main  hall  or  audience 
room,  where  said  collection  of  people  may  be  assembled,  or 
from  the  principal  room  which  may  be  used  for  any  of  the 
purposes  aforesaid,  shall  be  so  swung  upon  their  hinges  as  to 
open  outward,  and  that  all  means  of  egress  for  the  public,  from 
the  main  hall  or  principal  room,  and  from  the  building,  shall 
be  by  means  of  doors  which  shall  open  outward  therefrom. 
Any  agent,  owner,  trustee,  or  other  person  having  charge  of 
any  such  building,  who  shall  fail,  or  refuse  to  comply  with  the 


652 


Ordinances. 


requirements  of  this  section,  shall,  on  conviction,  be  fined  not 
less  than  one  hundred  dollars,  no  more  than  two  hundred  dol- 
lars. 

166^.  Distribution  of  Hand  Bills  on  Streets — Penalty.] 

§ 49.  No  person  shall  distribute,  cast,  throw,  or  place  in, 
upon,  or  along  any  of  the  streets,  alleys,  or  public  places  of 
the  city  of  Peoria,  any  hand-bills,  pamphlets,  circulars,  books 
or  advertisements  for  the  purpose,  or  with  the  intent  of  adver- 
tising, or  making  known,  in  a general,  or  promiscuous  man- 
ner, any  business,  occupation,  profession,  medical  treatment, 
medicine,  or  anything  whatsoever,  under  a penalty  of  not  less 
than  five  dollars,  and  not  more  than  fifteen  dollars,  for  each 
and  every  offense. 

1666-  Street  Obstruction — Exhibition — Etc. — Penalty.] 

§ 50.  No  person  shall  engage  in  any  game,  sport,  amuse- 
ment, or  exhibit  any  machine,  or  show,  or  any  animal,  or  in- 
dulge in  any  acrobatic  feats,  or  do  anything  else  in  the  streets, 
or  upon  the  sidewalks,  which  shall  have  a tendency  to  frighten 
horses,  or  which  shall  collect  any  crowd  of  persons  so  as  to 
interfere  with  the  passage  of  teams  or  vehicles,  or  persons 
passing  along  the  streets  and  sidewalks;  and  any  person  vio- 
lating the  provisions  of  this  section  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  twenty-five  dollars,  for  each  and 
every  offense. 

1667-  Street  Lounging — Penalty.]  § 51.  No  person 
shall  obstruct  any  street  corner,  or  other  public  place  of  the 
city,  by  lounging  in  or  about  the  same;  and  the  person  so 
offending  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars for  each  offense. 

1668-  Dangerous  Animal  on  Street — Penalty.]  § 52. 

No  person  shall  permit  any  bear,  or  other  dangerous  animal, 
to  run  at  large,  or  shall  lead  any  such  animal  with  a chain  or 
rope,  or  other  appliance,  whether  such  animal  be  muzzled  or 


Misdemeanors. 


653 


unmuzzled,  in  any  street,  avenue,  lane,  highway,  or  public 
place  within  the  corporate  limits  of  this  city,  under  a penalty 
of  ten  dollars  for  each  offense. 

1669-  Sleigh — Etc.  — Without  Bells — Penalty.]  § 53. 

It  shall  be  unlawful  for  any  person,  or  persons,  to  drive  sleighs, 
cutters,  or  similar  vehicles,  in  the  streets  of  this  city,  without 
having  bells  attached  to  either  horse  or  vehicle,  and  any  per- 
son, or  persons,  who  shall  drive  any  sleigh  or  similar  vehicle 
without  bells,  as  above  provided,  shall  be  subject  to  a fine  of 
not  less  than  five  dollars,  nor  exceeding  ten  dollars. 

1670-  Air  Gun — Etc. — Discharge  of — Penalty.]  § 54. 

No  person  shall  fire,  discharge,  set  off  or  use,  within  the  limits 
of  the  city  of  Peoria,  any  air-gun,  44  bean-shooter,”  44  nigger- 
killer,”  or  any  other  instrument  or  machine,  from  which  a 
missile  is  discharged,  or  hurled,  under  a penalty  of  not  less 
than  twenty-five  dollars  for  every  offense. 

1671-  Scaffolds  Used  in  Building  — Security  of — Pen- 
alty.] § 55.  All  scaffolds  erected  in  this  city  for  use  in  the 
erection  of  buildings,  shall  be  well  and  safely  supported,  and 
of  sufficient  width  and  properly  secured  so  as  to  insure  the 
safety  of  persons  working  thereon,  or  passing  under  or  by  the 
same,  to  prevent  the  falling  thereof  or  of  any  materials  that 
may  be  used,  placed  or  deposited  thereon;  any  scaffold  which 
may  be  otherwise  erected  shall  be  deemed  a nuisance;  and  any 
person  who  shall  erect,  or  use,  or  cause  to  be  erected  or  used, 
any  scaffold  contrary  to  the  provisions  hereof,  shall  be  subject 
to  a fine  of  not  less  than  five  dollars,  and  not  exceeding  one 
hundred  dollars,  and  to  a like  fine  for  every  day  the  same  shall 
remain  after  notice  to  remove. 

1672.  Ice — Permission  to  Cut — Penalty.]  § 56.  No 

person  shall  cut  ice,  or  any  hole  therein,  in  the  Illinois  river  or 
Lake  Peoria,  within  the  city  of  Peoria,  without  a written  per- 
mission from  the  harbor-master;  and  in  no  case  shall  permis- 
sion be  given  to  cut  ice  in  said  river  or  lake  in  front  of  blocks 


e54 


Ordinances. 


one,  two  and  three  in  the  original  town  of  Peoria,  or  at  the 
end  of  any  street  which  extends  to  the  said  river  or  lake,  un- 
less at  such  distance  from  the  shore  as  the  harbor-master  may, 
in  his  discretion,  deem  proper;  and  any  person  violating  the 
provisions  of  this  section  shall  forfeit  and  pay  a sum  not  less 
than  five  dollars,  nor  more  than  fifty  dollars  for  each  and  every 
offense. 

1673.  Impure  Ice — Sale  of — Penalty.]  § 57.  It  shall 
be  unlawful  for  any  person  to  sell  or  offer  for  sale  any  impure 
ice,  or  any  ice  which  shall  contain  filth,  or  any  other  matter, 
substance  or  thing,  and  which,  when  melted,  will  render  the 
water  impure  or  the  use  of  the  same  unhealthy;  and  any  person 
violating  this  section  shall  forfeit  and  pay  not  less  than  three 
dollars,  nor  more  than  fifty  dollars  for  every  offense. 

1674.  Breach  of  the  Peace — Penalty.]  § 58.  Any  per- 
son who  shall  make,  aid,  countenance  or  assist  in  making  any 
improper  noise,  riot,  disturbance,  breach  of  the  peace, 
or  diversion  tending  to  a breach  of  the  peace  in  the 
street  or  elsewhere  in  the  city,  and  all  persons  who  shall  col- 
lect in  bodies,  or  crowds,  for  unlawful  purposes,  or  for  any 
purpose  to  the  annoyance  or  disturbance  of  citizens  or  travelers, 
sha)l  be  severally  subject  to  a fine  of  not  less  than  one  dollar, 
nor  exceeding  one  hundred  dollars. 

1675.  Injury  to  Property — Penalty.]  § 59.  Who  ever 
shall  willfully,  maliciously,  or  negligently  break,  deface,  injure 
or  destroy  any  property  of  the  state,  county  or  city,  or  any 
private  property,  shall  be  subject  to  a fine  of  not  less  than 
five  dollars,  nor  exceeding  one  hundred  dollars. 

1676.  Trespass — Injury  to  Tree — Penalty.]  §60.  Any 
person  who  shall,  within  said  city,  cut,  injure,  remove  or  destroy 
any  fruit,  ornamental,  or  shade  tree,  or  the  boxing  around  the 
same,  or  any  fence,  railing,  gate,  post,  or  sign,  upon  any  pub- 
lic ground,  sidewalk,  or  private  premises;  or  who  shall  enter 
any  private  premises  against  the  consent  of  the  owner  or  oc- 


Misdemeanors. 


■655 


cupant  thereof,  or  shall  tresspass  upon  any  private  premises,  or 
public  grounds,  or  injure,  take  away  or  destroy  any  tree, 
shrub,  fruit,  flower,  plant,  vegetable,  or  other  thing,  which  may 
be  therein  for  ornament  or  utility,  shall,  on  conviction,  be  fined 
not  less  than  five  dollars,  nor  more  than  twenty-five  dollars  for 
each  any  every  offense. 

1677.  Casting  Missile — Injuring  or  Defacing  Property — 
Penalty.  | § 61.  No  person  shall  purposely  or  heedlessly 

cast,  or  throw  any  stone,  brick,  or  other  missile  from,  or  into 
any  street,  or  other  public  place,  or  at,  against,  or  into  any 
building,  shade  tree,  or  other  property,  or  'shall  climb  upon 
or  walk  upon  the  top,  or  capping  of  any  fence,  or  railing,  or 
into  any  shade,  or  ornamental  tree  upon  any  sidewalk,  or 
elsewhere,  without  the  consent  of  the  owner  or  occupant 
thereof,  or  shall  in  any  wise  injure,  or  deface  any  building, 
fence,  gate,  or  shade  tree,  or  shall  meddle  with,  or  injure 
any  well,  cistern,  hydrant,  or  pump  within  said  city,  under  a 
penalty  in  each  case,  of  not  less  than  two  dollars,  nor  more 
than  ten  dollars. 

1678-  Posting  Bills  on  Fence  or  Building — Penalty.] 

§ 62.  Whoever  shall,  without  the  consent  of  the  owner,  or 
occupant  of  the  premises,  post  up,  stick  or  place  any  hand- 
bill, show-bill,  placard,  or  notice  upon  any  buillding,  wall, 
fence,  or  tree-box,  or  shall  mark,  scratch,  cut,  or  otherwise 
deface  any  part  of  any  building,  fence,  or  tree-box,  shall,  in 
either  case,  be  subject  to  a penalty  of  not  less  than  three  dol- 
lars, nor  more  than  ten  dollars. 

1679.  Injury  to  Street  Lamp — Telegraph — Telephone 
and  Electric  Light  Apparatus,  Etc. — Penalty,]  § 63.  Any 

person  who  shall  willfully,  maliciously,  or  negligently  break, 
deface,  injure  or  destroy  any  public  street  lamp,  or  lamp  post, 
telegraph,  telephone,  electric  light,  or  electric  street  car  post, 
or  other  posts;  or  any  telegraph,  telephone,  electric  light,  or 
electric  street  car  wire,  globes,  insulators,  or  other  appliances 


656' 


Ordinances. 


or  fixtures  connected  therewith,  within  the  city,  shall  be  sub- 
ject to  a penalty  of  not  less  than  five  dollars,  nor  more  than 
fifty  dollars  for  each  offense,  and  shall  also  be  liable  for  the 
costs  and  expense  of  repairing  the  injuries  committed. 

1680.  Lamp  Posts— Interfering  With — Penalty.]  §64. 
Whoever  shall,  in  said  city,  climb  upon  any  street  lamp  post, 
or  electric  light  pole,  or  tower,  or  shall  fasten  any  horse  or 
other  animal  thereto,  or  shall  hang  or  place  upon  or  against 
the  same  any  goods,  boxes,  fuel,  or  other  material,  shall,  for 
each  offense,  be  subject  to  a fine  of  not  less  than  two  dollars, 
nor  more  than  ten  dollars. 

1681.  Cornerstone — Tampering  With — Penalty.]  §65. 

Any  person  who  shall  willfully  or  heedlessly  change,  remove 
or  destroy  any  stone,  stake  or  post,  set  or  placed  to  mark  the 
corner  of  any  lot,  or  parcel  of  ground,  street  or  alley,  or  to 
show  the  grade  of  any  street,  alley  or  sidewalk  of  the  city, 
shall,  on  conviction,  be  fined  not  less  than  five  dollars,  nor 
more  than  fifty  dollars  for  each  offense. 

1682.  Service  Lid  or  Cup — Injury  to — Penalty.]  § 66. 

Whoever  shall,  willfully,  or  maliciously,  break,  deface,  injure 
or  carry  away  any  cup  or  service  lid,  placed  upon  any  of 
the  service  boxes  of  any  gas  light  company  or  water  works 
company,  within  the  city,  shall  forfeit  and  pay  a fine  of  not 
less  than  three  dollars,  nor  more  than  ten  dollars. 

1683-  Meters  — Tampering  With  — Penalty.  ] § 67. 

Whoever  shall,  unlawfully,  tamper  with,  alter  or  change  any 
gas  pipe,  or  water  pipe,  gas  meter  or  water  meter,  or  other 
meter,  public  or  private,  or  the  register  thereof,  shall  be  sub- 
ject to  a penalty  of  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars  for  each  offense. 

1684-  Sods — Digging  of — Penalty,]  § 68.  No  person 
shall  dig,  cut  or  remove  any  sod  or  earth  from  any  street,  or 
other  public  place  within  the  city,  without  a permit  from  the 
commissioner  of  public  works,  or  from  any  premises  not  his 


Misdemeanors. 


657 


own,  without  the  consent  of  the  owner,  under  a penalty  of 
not  less  than  five  dollars,  nor  more  than  fifty  dollars  for  each 
offense. 

1685-  Grass  Plat  — Trespassing  Upon  — Penalty.] 

§ 69.  Whoever  shall,  willfully,  negligently,  or  heedlessly 
walk  upon  or  across,  or  ride  or  drive  any  animal  or  vehicle 
upon  or  across  any  lawn,  grass  plat  or  flower  bed,  in  or  upon 
any  of  the  streets,  avenues,  parks  or  public  places  of  the 
city;  or  who  shall  walk  upon  or  across,  or  ride  or  drive  any 
animal,  or  vehicle  upon  or  across  any  private  lawn,  grass  plat, 
or  flower  bed,  without  the  consent  of  the  owner  thereof,  shall 
be  subject  to  a fine  of  not  less  than  five  dollars,  nor  more  than 
fifty  dollars. 

1686-  Religious  Meeting — Disturbing — Penalty.]  § 70. 

Whoever  shall,  on  Sunday,  disturb  the  peace,  or  shall  pur- 
posely or  heedlessly  interrupt,  or  annoy  any  congregation  met 
for  religious  worship,  or  any  lawful  assemblage,  within  the 
city  of  Peoria,  shall,  for  each  offense,  be  subject  to  a fine  of 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 

1687-  Disturbing — Peace  on  Sunday — Penalty.J  § 71. 

No  person  shall,  on  Sunday,  engage  in  or  pursue  any  exercise, 
game  or  sport,  calculated  to  disturb  the  peace  and  quiet  of  any 
citizen,  or  of  any  family,  within  said  city,  under  a penalty  of 
not  exceeding  five  dollars. 

1688-  Sunday  Amusement — Penalty.]  § 72.  It  shall 
be  unlawful  for  any  person  in  said  city  on  the  first  day  of  the 
week,  commonly  called  Sunday,  to  engage  in  the  amusements 
or  exercises  of  dancing,  fiddling,  singing  songs,  jumping,  drill- 
ing, running  footraces,  running  horses,  ten-pirfs,  billiards, 
cards,  marbles  or  other  games,  wrestling,  boxing,  pitching 
quoits,  or  any  amusements  or  exercises  of  the  like  nature,  nor 
shall  it  be  lawful  for  any  person  in  said  city  to  keep  open  any 
ten-pin  alley,  nor  to  suffer  or  permit  any  person  or  persons  to 
play  or  roll  balls  on  the  same,  at  any  time  on  Sunday;  and 

43 


658 


Ordinances. 


every  person  convicted  of  any  of  the  offenses  enumerated  in 
this  section,  shall  forfeit  and  pay  not  less  than  two  dollars,  nor 
more  than  one  hundred  dollars  for  every  offense. 

1689.  Keeping  Open  Place  of  Business  on  Sunday — 
Penalty.]  § 73.  It  shall  be  unlawful  for  any  person  in  said 
city  on  the  first  day  of  the  week,  commonly  called  Sunday,  to 
engage  in  his  ordinary  labor,  trade  or  business,  or  to  keep 
open,  or  permit  to  be  kept  open,  any  house  of  trade,  shop,  or 
place  of  business  or  amusement,  except  in  cases  of  necessity; 
and  any  person  convicted  of  any  of  the  offenses  enumerated  in 
this  section  shall  forfeit  and  pay  not  less  than  five  dollars,  or 
more  than  one  hundred  dollars  for  every  offense:  Pro- 
vided, that  this  section  shall  not  extend  to  barber  shops,  drug 
stores,  nor  to  sale  of  victuals  and  provisions  made  to  travelers, 
boats  or  passengers  thereon,  nor  the  conveying  of  passengers. 

1690.  Keeping  Open  Saloon  on  Sunday — Penalty.] 

§ 74.  No  retailer  of  liquors,  or  proprietor  or  keeper  of  any 
dram  shop  or  drinking  saloon,  shall,  within  said  city,  keep 
open,  or  permit  to  be  kept  open,  his  place  of  business,  or  any 
part  thereof,  on  Sunday;  nor  shall,  on  that  day,  sell  or  deliver 
any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  or 
permit  any  such  liquors  to  be  sold,  used  or  drank  in  his  place 
of  business,  or  in  any  room  or  place  adjacent  thereto,  subject 
to  his  control;  nor  shall,  on  that  day  allow  or  permit  any  per- 
son, dr  persons,  to  enter  or  frequent  his  place  of  business,  not 
belonging  thereto  or  connected  therewith,  under  a penalty,  in 
each  case,  of  not  less  than  five  dollars,  nor  more  than  one  hun- 
dred dollars. 

1691.  Vagrancy  — Penalty.]  § 75.  All  idle  persons, 
who,  not  having  visible  means  of  support,  live  without  lawful 
employment;  all  persons  habitually  idly  loitering  about  or  wan- 
dering abroad,  and  visiting  or  staying  about  groceries,  drink- 
ing saloons,  houses  of  bad  repute,  gambling  houses,  or  railroad 
depots,  or  lodging  in  out-houses,  market  places,  sheds,  barns, 


Misdemeanors. 


659 


or  in  the  open  air,  and  not  giving  a good  account  of  them- 
selves; all  persons  wandering  abroad  and  begging,  or  who  go 
about  from  door  to  door,  or  place  themselves  in  the  streets,  or 
other  public  places  to  beg  or  receive  alms,  shall  be  deemed 
vagrants,  and,  upon  conviction,  shall  be  fined  in  a sum  not  less 
less  than  five  dollars,  nor  exceeding  one  hundred  dollars. 

1692-  Causing  Pauper  to  be  Charge  on  City — Penalty.] 

§ 7 6.  Whoever  shall,  knowingly,  send,  bring  or  leave  any 
pauper  in  the  city  of  Peoria,  not  belong  thereto,  or  shall  aid  or 
abet  the  same,  or  shall  supply  with  means,  or  assist  any  such 
pauper,  or  person  likely  to  become  a pauper,  to  come  into  or 
remain  in  the  city,  in  order  that  he  or  she  may  become  a 
charge  to  the  corporation,  shall  be  subject  to  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars,  in  each  case.  It 
shall  be  the  duty  of  all  police  officers  to  see  that  the  provisions 
of  this  section  are  strictly  enforced. 

ARTICLE  32. 

OFFICERS. 


Section.  Section. 

1693.  Appoiatees  of  Mayor—' Term  of  Office.  1699.  Salaries— Payable  Weekly. 

1694.  Official  Bonds— Conditions.  1700.  Fees  Established. 

1695.  Sureties — Justification  of.  1701.  Reports— Special. 

1696.  Sureties— Oath  of.  1702.  Delivery  Over  to  Successor. 

1697.  Bond — Acknowledgment — Approval.  1703.  Office  Hours. 

1698.  Salaries— Fixed  Annually. 


1693.  Appointees  of  Mayor — Term  of  Office.)  § i. 

All  officers  appointed  by  the  mayor,  with  the  approval  of  the 
city  council,  whose  term  of  office  is  not  otherwise  expressly 
provided  for  by  law,  or  ordinance,  shall  hold  their  respective 
offices  for  the  term  of  two  years  from  the  first  Tuesday  in 
May  next  succeeding  the  general  biennial  election  for  city  offi- 
cers, and  until  their  successors  are  appointed  and  qualified. 


66o 


Ordinances. 


1694-  Official  Bonds — Conditions.]  § 2.  'The  bonds 
of  all  officers  shall  be  executed  with  two  or  more  sureties, 
conditioned  for  the  faithful  performance  of  the  duties  of  their 
respective  offices,  as  prescribed  by  the  laws  of  the  State  of  Ill- 
inois, and  the  ordinances  of  the  city  of  Peoria,  and  the  rules 
and  regulations  pertaining  to  the  respective  offices. 

1695.  Sureties — Justification  of.]  § 3.  Such  sureties 
shall  justify,  separately,  on  the  back  of  the  bond,  that  they 
are  respectively  worth  the  sums  stated  in  their  respected  justi- 
fications, over  and  above  all  debts  and  liabilities  by  them  ow- 
ing, or  incurred,  or  for  which  their  property  is  liable,  or  en- 
cumbered, at  the  time  of  justification,  and  over  and  above  all 
exemptions,  by  law,  of  their  property  from  execution.  The 
aggregate  amount  for  which  such  sureties  justify,  shall  be 
double  the  penalty  of  the  bond. 

1696.  Sureties — Oath  of.]  § 4.  In  any  and  all  cases 
where  any  officer  ot  the  city  of  Peoria  shall  be,  by  ordinance, 
required  to  take  a bond,  said  officer  shall  require  two  or  more 
sureties  on  such  bond,  who  can  justify,  as  required  by  the 
preceding  section,  in  double  the  amount  of  the  penalty  of  such 
bond,  which  justification  shall  be  entered  upon  the  back  of 
such  bond  and  signed  by  the  sureties. 

1697.  Bond  — Acknowledgement — Approval.]  § 5. 

The  execution  of  all  bonds  shall  be  acknowledged  by  the  offi- 
cer, or  person  giving  such  bond,  and  his  sureties,  before  some 
person  authorized  by  law  to  take  the  acknowledgment  of 
deeds,  and  a certificate  of  such  acknowledgment  made  thereon. 
After  the  approval  of  the  bond  by  the  city  council,  or  officer 
authorized  to  approve  said  bond,  the  city  clerk  shall  endorse 
thereon  the  date  of  its  approval,  and  file  the  same. 

1698.  Salaries — Fixed  Annually.]  § 6.  The  salaries, 
or  compensation  of  all  officers,  clerks,  and  employes  cf  the 
city,  except  aldermen,  shall  be  determined  and  fixed  by  the 
city  council  in  the  annual  appropriation  bill,  or  by  ordinance. 


Officers. 


66  i 

1699.  Salaries — Payable  Weekly. J § 7.  The  salaries 
and  pay  of  all  city  officers  and  employes  shall  be  paid  semi- 
monthly to  each  person  entitled  thereto,  in  the  manner  to  be 
prescribed  by  the  city  council. 

1700.  Fees  Established.]  § 8.  Any  city  officer,  upon 
whom  the  duty  devolves,  is  hereby  authorized  to  demand  and 
receive  as  fees,  for  the  use  of  the  city  (except  where  provision 
is  herein  made  to  the  contrary)  : 

For  transferring  each  license,  one  dollar. 

For  taking  bond  on  such  transfer,  one  dollar. 

For  each  deed  for  real  estate  issued  by  the  city,  two  dollars. 

For  use  of  corporate  seal  on  any  attestation,  acknowledg- 
ment, or  other  certificate,  fifty  cents. 

Administering  oath  and  attesting  the  same,  twenty-five 
cents. 

For  certified  copies  of  any  record,  each  one  hundred  words, 
twenty-five  cents. 

1701.  Reports — Special.]  § 9.  All  officers  of  the  city 
shall  in  addition  to  the  regular  reports  required  to  be  made  by 
them,  report  to  the  mayor,  or  city  council,  in  writing,  when  so 
required,  the  condition  of  their  respective  offices,  and  of  the 
business,  and  all  matters  therein,  touching  the  interests  of  the 
city. 

1702.  Office  Hours  ,]  § 10.  The  offices  of  the  respect- 

ive city  officers  shall  be  open  every  day  for  business,  except 
Sundays  and  legal  holidays,  from  eight  o’clock  in  the  forenoon 
to  five  o’clock  in  the  afternoon,  except  the  office  of  the  mayor, 
which  shall  be  open  at  such  hours  as  he  shall  prescribe. 

1703-  Penalty.]  §11.  Any  officer  violating  any  provi- 
sion of  this  article,  shall  be  deemed  guilty  of  misconduct  in 
office,  and  liable  to  removal,  therefor. 


662 


Ordinances. 


ARTICLE  33 


OFFICIAL  PAPER,  BLANKS,  ETC, 


Section. 

1704.  Annual  Contract. 

1705.  Bids  for  Letting  Contract. 

1706.  Award  of  Contract. 

1707.  Official  Journals. 


Section. 

1708.  Matter  to  be  Printed  in  Official  Journals 

1709.  Blanks  for  Offices. 

1710.  Bids  for  Blanks — Form  of. 

1711.  Contractor  to  Give  Bond. 


1704.  Annual  Contracts.]  § 1.  The  city  clerk  shall, 
on  the  first  day  of  June,  1892,  and  annually  thereafter, 
advertise  in  three  of  the  daily  newspapers  published  in  the 
city  of  Peoria,  one  of  which  said  newspapers  is  published  in 
German,  inviting  proposals  for  the  following  contracts: 

First:  For  the  publication  in  one  English,  and  also  in  one 
German  newspaper,  both  of  which  shall  be  published  daily,  of 
those  matters  and  things  required  by  law,  or  any  ordinance  of 
the  city  to  be  published  in  a newspaper. 

Second:  For  the  printing  and  furnishing  of  all  forms  and 
blanks  which  may  be  required  by  the  several  departments  and 
officers,  of  the  city  government. 

1705.  Bids — Letting  Contract.]  § 2.  Such  advertise- 
ment shall  be  published  for  three  consecutive  week  days. 
Separate  bids  shall  be  made  for  each  of  said  contracts, 
which  said  bids  shall  be  sealed  and  directed  to  the  city  clerk, 
within  twenty  days  after  the  date  of  the  first  publication  of 
said  advertisement,  and  each  contract  shall  be  let  to  the  lowest 
responsible  bidder. 

1706.  Award  of  Contract.]  § 3.  Said  bids  shall  be 
opened  at  the  hour  and  place  mentioned  in  said  advertisement 
by  the  city  clerk,  in  the  presence  of  the  mayor  and  comp- 
troller, who  with  said  clerk,  shall  constitute  a board  for  such 
purpose.  And  said  contracts  shall  then  and  there  be  awarded 
by  the  said  board  to  the  lowest  responsible  bidder,  as  the  same 


Official  Paper,  Blanks,  Etc.  663 

appears  from  each  bid  for  the  work  to  which  such  bid  relates. 
Provided , however,  that  nothing  herein  shall  be  so  construed 
as  to  prevent  said  board  from  taking  the  average  of  any  two 
or  more  bids,  of  any  person,  firm  or  corporation,  as  to  any,  or 
all  matters,  to  which  such  bids  relate.  In  case  of  any  of  said 
bids  are  the  same  in  amount,  and  the  bidders  equally  respon- 
sible, the  majority  of  said  board  shall  determine  to  which  of 
said  bidders  the  contract  shall  be  awarded. 

1707.  Official  Journals.]  § 4.  The  newspapers  to 
which  the  first  named  contract  may  be  awarded  and  let  by 
said  board  shall  be  the  official  journals  of  the  city  of  Peoria, 
and  each  of  said  journals  shall  forthwith  furnish  a bond,  with 
two  or  more  sureties,  to  be  approved  by  said  board,  in  the  sum 
of  one  thousand  dollars,  condition  for  the  faithful  performance 
of  their  contract. 

1708.  Matter  to  be  Printed  in  Official  Journals.]  § 5. 

No  matter  shall  be  printed  in  the  official  journals,  at  the  ex- 
pense of  the  city  of  Peoria,  not  required  by  the  laws  of  the 
United  States,  the  laws  of  this  State,  or  the  ordinances  of  the 
city,  unless  further  authorized  by  the  city  council,  and  all  bills 
for  printing  done  by  the  official  journals  of  the  city  shall  be 
audited  by  the  board  (provided  in  section  three  (3)  of  this  ar- 
ticle), and  when  approved  by  the  city  council,  the  comptroller 
shall  draw  his  warrant  upon  the  city  treasurer  for  the  payment 
of  the  same,  and  all  such  bills  shall  be  paid  monthly. 

1709.  Blanks  for  Offices.]  § 6.  It  shall  be  the  duty  of 
the  city  clerk  to  obtain  from  each  of  the  city  officers,  specimen 
copies  of  all  such  blanks,  forms  and  other  matter  to  be  printed, 
as  may  be  required  in  the  duties  of  their  respective  offices, 
which  said  copies  shall  be  on  file  in  his  office  for  examination 
by  all  persons  who  may  desire  to  bid  for  said  second  contract. 

1710.  Bids  for  Blanks — Form  of.]  § 7.  The  bids  for 
said  last  mentioned  contract  shall  be  for  the  price  per  ream 
and  page,  at  which  each  and  every  size  of  the  blanks,  forms  and 


66\ 


Ordinances. 


other  printed  matter  required  in  said  contract  will  be  furnished 
and  printed  by  the  party  bidding,  and  the  contract  shall  be 
awarded  in  the  manner  provided  in  section  three  (3)  of  this  ar- 
ticle, and  all  bills  audited  and  paid  in  the  manner  provided  in 
section  five  (5)  of  this  article. 

1711.  Contractor  to  Give  Bond.]  § 8.  Any  person, 
firm  or  corporation,  to  whom  said  last  mentioned  contract  may 
be  awarded,  if  the  aggregate  of  his,  their,  or  its  bid,  or  bids, 
exceed  one  hundred  dollars,  shall  execute  a Bond  in  an  amount 
equal  to  the  total  of  such  bid,  or  bids,  with  two  or  more  sure- 
ties, to  be  approved  by  the  board  constituted  by  section  three 
(3)  of  this  article,  conditioned  for  the  faithful  performance  of 
the  contract. 


ARTICLE  34. 


ORDINANCES. 


Section. 

1717.  Words— How  Construed. 

1718.  Penalty  not  Expressed. 


Section. 

17x2.  Engrossment  of. 
1713.  Record  of — Proof  of. 


1714.  Two  Penalties— Election  Between—  1719.  Revised  Ordinances— Custody  and 

One  Judgment  Only.  Distribution. 

1715.  Minimum  Fine  Only  Expressed—  1720.  Repeal— Rights  Reserved. 

Judgment  May  be  for  $200. 

1716.  Repeal  of  Repealing  Ordinance— Non 

Revivor. 


1712.  Engrossment  of.]  § i.  Every  ordinance  shall 
be  engrossed  by  the  clerk  before  the  vote  is  taken  upon  its 
final  passage,  unless  otherwise  ordered  by  three-fourths  of  all 
the  aldermen  elected,  except  such  ordinances  as  may  be  sent  to 
the  council  by  the  department  of  public  works. 

1713.  Record  of — Proof  of.]  § 2.  All  ordinances  passed 
by  the  city  council  shall  be  recorded  by  the  city  clerk  in  a 
proper  book  or  books  with  indexes,  the  originals  to  be  filed  in 
the  clerk’s  office,  and  due  proof  of  the  publication  of  all  ordi- 
nances requiring  publication  by  the  certificate  of  the  printer 


Ordinances. 


665 


or  publisher,  shall  be  procured  by  the  clerk  and  attached 
thereto,  or  written  and  attested  upon  the  face  of  the  record  of 
such  ordinances. 

1714.  Two  Penalties — Election  Between — One  Judg- 
ment Only.]  § 3.  In  all  cases  where  the  same  offense  may 
be  made  punishable,  or  shall  be  created  by  different  clauses  or 
sections  of  the  ordinances  of  the  city  of  Peoria,  the  prosecut- 
ing officer  may  elect  under  which  to  proceed;  but  no  more 
than  one  recovery  shall  be  had  against  the  same  person  for 
the  same  offense. 

1715.  Minimum  Fine  Only  Expressed — Judgment  May 

be  for  $200.]  § 4.  Whenever  in  this,  or  in  any  ordinance 

hereafter  passed,  a minimum,  but  no  maximum  fine  or  penalty 
is  imposed,  the  court  may,  in  its  discretion,  adjudge  the  offen- 
der or  offenders  to  pay  a sum  of  money  exceeding  the  mini- 
mum fine  or  penalty  so  fixed,  not  exceeding  the  sum  of  two 
hundred  dollars. 

1716.  Repeal  of  Repealing  Ordinance — Non  Revivor.] 

§ 5.  When  any  ordinance  repealing  a former  ordinance, 
clause  or  provision,  shall  be  itself  repealed,  such  repeal  shall 
not  be  construed  to  revive  such  former  ordinance,  clause  or 
provision;  unless  it  shall  be  therein  so  expressly  provided. 

1717.  Words — How  Construed.]  § 6.  Whenever  any 
words  in  any  ordinance  importing  the  plural  number  shall  be 
used  in  describing  or  referring  to  any  matters,  parties,  or  per- 
sons, any  single  matter,  party  or  person  shall  be  deemed  to 
be  included,  although  distributive  words  may  not  be  used. 
And,  when  subject  matter,  party  or  person  shall  be  referred 
to  in  any  ordinance  by  words  importing  the  singular  number 
only,  or  the  masculine  gender,  several  matters,  parties  or  per- 
sons, and  females  as  well  as  males  and  bodies  corporate  shall 
be  deemed  to  be  included : Provided,  that  these  rules  of  con- 
struction shall  be  applied  to  any  ordinance  which  shall  contain 


666 


Ordinances. 


any  express  provision  excluding  such  construction,  or  where 
the  subject  matter  or  context  of  such  ordinance  may  be  re- 
pugnant thereto. 

1718-  Penalty  Not  Expressed.]  § 7.  Whenever  in 
any  ordinance  the  doing  of  any  act,  or  the  commission  10  do 
any  act  of  duty  is  declared  to  be  a breach  thereof,  and 
there  shall  be  no  fine  or  penalty  prescribed  for  such  breach, 
any  person  who  shall  be  convicted  of  any  such  breach  shall 
be  adjudged  to  pay  a fine  of  not  less  than  five  dollars,  nor 
more  than  one  hundred  dollars  for  each  offense, 

1719.  Revised  Ordinances — Custody  and  Distribution 

of.]  § 8.  All  the  printed  books  containing  the  revised  ordi- 
nances shall  be  in  the  custody  and  keeping  of  the  city  clerk. 
He  shall  deliver  one  copy  thereof  to  each  officer  of  the  city, 
and  to  such  other  persons  as  the  city  council  may  direct.  The 
mayor  or  city  clerk  shall  have  authority  to  extend  to,  or  re- 
ciprocate courtesies  of  other  cities,  by  presenting  to  them  a 
copy  of  the  revised  ordinances  bound,  at  the  expense  of  the 
city,  in  such  manner  as  to  him  may  seem  advisable, 

1720-  Repeal — Rights  Reserved.]  § 9.  All  public  or 
general  ordinances,  or  parts  thereof,  not  included  in  this  ordi- 
nance, are  hereby  repealed,  so  far  as  they  contravene,  or  con- 
flict with  with  the  provisions  of  this  ordinance:  Provided , 
the  repeal  of  said  public  or  general  ordinances,  or  parts  there- 
of, shall  not  be  construed  to  impair  any  right  existing,  or 
affect  any  proceeding  pending,  or  be  taken  as  a release  or 
waiver  of  any  agreement,  contract,  right,  debt,  obligation  or 
liability  accrued,  or  incurred,  or  of  any  claim  arising  under 
said  former  ordinances,  or  parts  thereof,  or  as  to  any  claim 
arising,  or  right  accruing,  before  this  ordinance  takes  effect, 
or  of  any  fine,  penalty,  forfeiture,  or  punishment  incurred,  or 
of  any  action  suit  or  proceeding,  instituted  and  pending; 
Provided,  further,  if  any  penalty,  forfeiture  or  punishment,  be 


Parks  and  Public  Grounds. 


667 


mitigated  by  any  provision  of  this  ordinance,  such  provision 
may,  by  the  consent  of  the  party  affected,  be  applied  to  any 
judgment  pronounced  after  this  ordinance  takes  effect. 


ARTICLE  35. 

PARKS  AND  PUBLIC  GROUNDS. 


Section. 

1721.  Parks  and  Public  Grounds — Superin- 

tendence of. 

1722.  Entrance  and  Egress. 

1723.  Animals  Prohibited. 

1724.  Fire-arms,  Missiles,  etc.— Injury  to 

Property. 

1725.  Sales— Peddling  and  Hawking— Pro- 

hibited. 


Section. 

1726.  Indecent  Words  or  Act— Fortune  Tell- 

ing-Gaming. 

1727.  Bill  Posting  Forbidden. 

1728.  Grass  Not  to  be  Trodden— Except. 

1729.  Police-  Arrest  of  Offenders. 

1730.  Penalty. 


1721.  Parks  and  Public  Grounds — Superintendence  of.] 

§ 1.  The  commissioner  of  public  works  of  the  city  of  Peoria, 
shall  have  supervision  and  control  of  all  public  parks,  public 
squares,  and  public  grounds,  in  the  city  of  Peoria,  and  shall 
appoint  such  park  janitors  as  the  city  council  may  authorize, 
and  shall  keep  the  fences  thereof  in  repair,  the  walks  in  order, 
and  the  trees  properly  trimmed,  and  improve  the  same  accord- 
ing to  the  plans  approved  by  the  city  council. 

1722.  Entrance  and  Egress.]  § 2.  No  person  shall 
enter  or  leave  any  of  the  public  parks,  public  squares,  or  pub- 
lic grounds  of  the  city  of  Peoria,  except  by  their  gateways; 
and  no  person  shall  climb,  or  walk  upon  their  walls  or  fences. 

1723.  Animals  Prohibited.]  § 3.  Neither  cattle,  horses, 
goats,  swine,  or  other  animals,  shall  be  turned  into,  or  allowed 
in  any  of  the  parks,  public  squares,  or  public  grounds,  of  the 
city  of  Peoria,  by  any  person. 

1724.  Fire  Arms,  Missiles,  Etc. — Injury  to  Property.] 

§ 4.  All  persons  are  forbidden  to  carry  fire  arms,  or  to  throw 
stones,  or  other  missiles,  within  any  of  the  public  parks,  pub- 
lic squares,  or  public  grounds,  within  said  city.  All  persons 


668 


Ordinances. 


are  forbidden  to  cut,  break,  or  in  any  way  injure,  or  deface, 
the  trees,  shrubs,  plants,  turf,  or  any  of  the  buildings,  fences, 
bridges,  or  other  property,  within  or  upon  any  of  the  public 
grounds  heretofore  mentioned. 

1725.  Sales,  Peddling  and  Hawking  Prohibited.]  § 5. 

No  person  shall  expose  any  article  or  thing  for  sale  upon  any 
of  said  public  parks,  public  squares  or  public  grounds;  nor 
shall  any  hawking,  or  peddling  be  allowed  therein. 

1726.  Indecent  Words  or  Acts — Fortune  Telling — 
Gaming.]  § 6.  No  threatening,  abusive,  insulting,  or  in- 
decent language  shall  be  allowed  in  any  part  of  said  public 
grounds,  whereby  a breach  of  the  peace  may  be  occasioned. 
No  person  shall  be  allowed  to  tell  fortunes,  or  play  at  any 
game  of  chance,  or  with  any  table  or  instrument  of  gaming, 
nor  to  do  therein,  any  obscene  or  indecent  act. 

1727.  Bill  Posting  Forbidden.]  § 7.  No  person  shall 
post,  or  otherwise  affix,  any  bills,  notice,  or  other  paper  upon 
any  structure  or  thing,  within  any  of  the  said  public  grounds, 
nor  upon  any  of  the  gates  or  enclosures  thereof. 

1728.  Grass  Not  to  be  Trodden — Except.]  § 8.  No 

person  shall  go  upon  the  grass,  lawn,  or  turf  of  the  parks,  ex- 
cept when  and  where  the  word  “common”  is  posted;  indicat- 
ing that  persons  are  at  liberty,  at  that  time  and  place,  to  go 
on  the  grass. 

1729.  Police — Arrest  of  Offender.]  § 9.  Any  member 
of  the  city  police  shall  have  power  to  arrest  any  person  who 
shall  not  desist  from  any  violation  hereof,  when  directed,  and 
cause  him  to  be  committed  for  examination. 

1730.  Penalty.]  § 10.  Any  person  who  shall  violate  any 
or  either  of  the  provisions,  of  any  section,  or  clause  of  this 
chapter  or  article,  or  who  shall  neglect,  or  fail,  or  refuse,  to 
comply  with  any  or  either  of  the  requirements  thereof,  shall, 
on  conviction,  pay  a fine  of  not  less  than  five  dollars,  nor  more 
than  one  hundred  dollars. 


Pawnbrokers  and  Loanbrokers. 


669 


ARTICLE  36. 


PAWNBROKERS  AND  LOANBROKERS  OR  KEEPERS  OF  LOAN 

OFFICES. 


Section. 

1731.  License  Required. 

1732.  Pawnbroker  Defined. 

1733.  License  Fee. 

1734.  Bond . 

1735.  Record  of  Loans  and  Pledges. 

1736.  Memorandum  of  Pledge  to  Pledgor. 

1737.  Police  Inspector  of  Record. 

1738.  Prohibited  Purchases. 

1739.  Report  to  Police  Department. 


Section. 

1740.  Redemption  or  Removal  of  Pledge— 
When  Prohibited. 

174-1.  Hours  of  Business. 

1742.  No  Pawn  from  Minors. 

1743.  Exclusive  Business,  as  to  the  Place, 

Licensed. 

1744.  Minors  Not  to  be  Employed. 

1745.  Prohibited  Pledges. 

1746.  Police  Report— Revocation  of  License. 

1747.  Penalty. 


1731.  License  Required.]  § 1.  The  mayor  may,  from  time 
to  time,  grant  licenses  to  such  persons  as  shall  produce  to  him 
satisfactory  evidence  of  their  good  character,  to  exercise  or  car- 
ry on  the  business  of  a pawnbroker,  or  of  a loan  broker  or  keeper 
of  a loan  office;  and  no  person  shall  exercise  or  carry  on  the 
business  of  a pawnbroker  or  loanbroker,  or  keeper  of  a loan- 
office,  without  being  duly  licensed,  under  a penalty  of  one 
hundred  dollars  for  each  and  every  day  any  person  shall  exer- 
cise or  carry  on  said  business  without  said  license. 

1732.  “Pawnbroker”  Defined.]  § 2.  Any  person  who 
loans  money  on  deposit  or  pledge  of  personal  property,  or  who 
deals  in  the  purchase  of  personal  property  on  condition  of  sell- 
ing the  same  back  at  a stipulated  price,  or  who  make  a pub- 
lic display  at  his  place  of  business,  of  the  sign  generally  used 
by  pawnbrokers  to  denote  their  business,  to-wit:  “three  gilt 
or  more  or  less  yellow  balls,”  or  who  publicly  exhibits  a sign 
of  “money  to  loan  on  personal  property,  or  deposit  or  pledge,” 
is  hereby  declared  to  be  a pawnbroker. 

1733-  License  Fees.]  § 3.  Every  applicant  for  a li- 
cense as  a pawnbroker,  shall  before  the  same  issue,  pay  to  the 
city  clerk  for  the  use  of  the  city  of  Peoria,  the  sum  of  one  hun- 


670 


Ordinances. 


dred  and  fifty  dollars,  which  sum  shall  be  in  full  of  a license  of 
said  business  for  the  term  or  period  of  one  year  and  such 
license  shall  not  be  transferable  to  any  person,  or  persons,  ex- 
cept upon  the  written  consent  of  the  mayor  endorsed  thereon. 

1734.  Bond.]  § 4.  Every  person  so  licensed  shall  at 

the  time  of  receiving  such  license,  give  bond  with  two  or  more 
sureties,  to  be  approved  by  the  mayor,  in  the  sum  of  five 
hundred  dollars,  condition  for  the  due  observance  of  all  ordi- 
nances of  the  city  of  Peoria,  or  that  may  be  passed  during  the 
term  for  which  such  license  is  granted. 

1735-  Record  of  Loans  and  Pledges.]  § 5.  Every 
pawnbroker  and  loanbroker,  or  keeper  of  a loan  offce,  shall 
keep  a book  in  which  shall  be  plainly  written  in  ink,  at  the 
time  of  each  loan,  an  accurate  account  and  description,  in  the 
English  language,  of  the  goods,  articles  or  thing  pawned  or 
pledged,  the  amount  of  money  loaned  thereon,  the  time  of 
pledging  the  same,  the  rate  of  interest  to  be  paid  on  such  loan 
and  the  name  and  residence  of  the  person  pawning  or  pledg- 
ing said  goods,  article  or  thing,  No  such  entry  made  in  said 
book  shall  be  erased,  obliterated  or  defaced. 

1736.  Memorandum  of  Pledge  to  Pledgor.]  § 6. 

Every  pawnbroker  and  loanbroker,  or  keeper  of  a loan  office, 
shall,  at  the  time  of  each  loan,  deliver  to  the  person  pawning 
or  pledging  any  goods,  article  or  thing,  a memorandum,  or 
note  signed  by  him  or  her,  containing  the  substance  of  the 
entry  required  to  be  made  in  his  or  her  book  by  the  last 
preceding  section;  and  no  charge  shall  be  made,  or  received 
by  any  pawnbroker  or  loanbroker,  or  keeper  of  a loan  office 
for  any  such  entry,  memorandum  or  note. 

1737.  Police  Inspection  of  Record. J § 7.  The  said 
book  as  well  as  every  article,  or  other  thing  of  value  pawned 
or  pledged  shall,  at  all  reasonable  times,  be  open  to  the  in- 
spection of  the  mayor,  or  any  member  of  the  police  force. 


Pawnbrokers  and  Loanbrokers.  671 

1738.  Prohibited  Purchases.]  § 8.  No  pawnbroker, 
loanbroker,  or  keeper  of  a loan  office  shall,  under  any  pretense 
whatever,  purchase  or  buy  any  second-hand  furniture,  metals, 
or  clothes,  or  any  other  article  or  thing  whatever,  offered  to 
him  or  her  as  a pawn  or  pledge. 

1739.  Report  to  Police  Department.]  § 9.  It  shall 
be  the  duty  of  every  person  so  licensed  as  aforesaid,  to  make 
out  and  deliver  to  the  superintendent  of  police  every  day,  be- 
fore the  hour  of  12  M.,  a legible  and  and  correct  copy  from  the 
record  book  required  in  Section  5 of  this  article,  of  all  per- 
sonal property  and  other  valuable  things  received  on  deposit 
during  the  preceding  day,  together  with  the  time,  meaning  the 
hour,  when  received  or  purchased  and  a description  of  the 
person,  or  persons,  by  whom  left  in  pledge  or  from  whom  the 
same  were  purchased. 

1740-  Redemption  or  Removal  of  Pledge — When  Pro- 
hibited.] § 10.  No  personal  property  received  on  deposit, 
or  pledged  by  any  such  licensed  person  shall  be  sold  or  per- 
mitted to  be  redeemed  or  removed  from  the  place  of  business 
of  such  licensed  person  for  the  space  of  twenty-four  hours 
after  the  copy  and  statement  required  to  be  delivered  to  the 
superintendent  shall  have  been  delivered  as  required  by  the 
preceding  section. 

1741.  Hours  of  Business.]  § n.  No  person  licensed 
as  aforesaid  shall  receive  on  deposit  or  pledge  any  personal 
property,  or  other  valuable  thing,  before  the  hours  of  six  a.  m., 
nor  after  the  hour  of  eight  p.  m.,  during  the  months  of  Janu- 
ary, February,  March,  April,  October,  November  and  De- 
cember of  each  year;  nor  before  the  hour  of  five  a.  m.,  nor 
after  the  hour  of  nine  p.  m.,  during  the  months  of  May,  June, 
July,  August  and  September  of  each  year. 

1742.  No  Pawn  From  Minor.]  § 12.  No  person  li- 
censed, as  aforesaid,  shall  take  or  receive  in  pawn  or  pledge, 
for  money  loaned,  any  property,  bonds,  notes,  securities,  arti- 


672 


Ordinances. 


cle  or  valuable  thing  from  any  minor,  or  the  ownership  of 
which  is  in,  or  which  is  claimed  by  any  minor,  or  which  may 
be  in  the  possession  or  under  the  control  of  any  minor. 

1743.  Exclusive  Business — As  to  the  Licensed  Place.] 

§13.  No  person  licensed,  as  aforesaid,  shall  carry  on  any 
other  business  or  vocation,  directly  or  indirectly,  in  the  same 
building,  or  in  any  building  adjoining  the  place  or  building  in 
which  he  or  she  may  be  licensed  to  carry  on  the  business  of 
pawnbroker,  loanbroker  or  keeper  of  a loan  office. 

1744*  Minor  Not  to  be  Employed,]  § 14.  No  per- 
son licensed,  as  aforesaid,  shall  employ  any  person  under  six- 
teen years  of  age,  to  take  pledges  in  pawn. 

1745.  Prohibited  Pledges.]  § 15.  No  person  so  li- 
censed, shall  take  any  article  in  pawn  from  any  person  ap- 
pearing to  be  intoxicated,  nor  from  any  person  known  to  be  a 
notorious  thief,  or  to  have  been  convicted  of  larceny,  or  burg- 
lary. 

1746.  Police  Report — Revocation  of  License.]  § 16. 

It  shall  be  the  duty  of  ail  members  of  the  police  force  to  re- 
port to  the  mayor,  any  failure  to  comply  with  provisions  of 
this  article,  and  the  mayor  may  revoke  the  license  of  any  per- 
son offending  against  any  of  its  provisions.  And  the  mayor 
shall,  forthwith,  revoke  the  license  of  any  person  who  shall  be 
convicted  of  a violation  of  any  provision  of  this  article,  whether 
such  judgment  of  conviction  shall  have  been  appealed  from 
or  not. 

1747.  Penalty.]  § 17.  Every  pawnbroker,  loanbroker, 
or  keeper  of  a loan  office,  who  shall  violate  or  neglect  ^or  re- 
fuse to  comply  with  any  or  either  of  the  provisions  of  this 
article,  when  no  other  penalty  is  imposed,  shall,  upon  convic- 
tion, be  subject  to  a penalty  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars  for  each  and  every  offense,  and 
in  addition  to  such  penalty  the  license  of  any  person  convicted 
as  aforesaid,  shall  be  revoked. 


Peddlers. 


673 


ARTICLE  37. 

PEDDLERS. 


Section. 

1748.  Peddler  Defined — License  Required — 

Penalty. 

1749.  License  Fee. 

1750.  Vehicle  to  Show  Name  of  Licensee. 

1751.  Food  Inspector — Duty  of. 

1752.  Entry  on  Wagons— Etc. — Prevention 

of  Adulteration. 


Section. 

1753-  Wholesome  Food— Penalty. 

1754.  Milk— Prohibited  Quality. 

1755.  Misrepresentation— Penalty. 

1756.  Ordinance— Construction  of. 

1757.  Hawking  on  Street— Penalty. 

1758.  Penalty. 


1748.  Peddler  Defined — License  Required — Penalty.] 

§ 1.  Every  person  who  shall  sell,  or  offer  for  sale,  barter  or 
exchange,  at  retail,  any  farm  produce,  vegetables,  butter,  milk, 
poultry,  fish  or  other  goods,  wares  or  merchandise,  traveling 
from  place  to  place,  in,  along,  and  upon  the  streets,  avenues, 
alleys,  or  public  places  of  this  city,  or  who  shall  sell  and  de 
liver,  from  any  wagon,  or  other  vehicle,  going  from  place  to 
place,  in  the  city  of  Peoria,  whether  to  regular  customers  or 
not,  any  farm  produce,  goods,  wares,  or  merchandise,  shall  be 
deemed  a peddler,  and  shall,  annually,  and  before  engaging  in 
said  business,  obtain  a license  as  a peddler.  No  person  shall 
engage  in  the  business  of  a peddler,  as  above  specified  and 
defined,  without  a license,  under  a penalty  of  not  less  than  five 
dollars,  nor  more  than  fifty  dollars,  for  each  offense. 

1749-  License  Fee.]  § 2.  The  mayor  shall  grant  li- 
censes as  required  in  the  preceding  section  of  this  article,  up- 
on payment,  to  the  city  clerk,  of  an  annual  license  fee  of 
twenty-five  dollars,  said  license  shall  include  the  right  to  use 
only  one  wagon,  vehicle  or  conveyance,  in  carrying  on  his 
business,  as  aforesaid,  and  said  license  shall  not  be  trans- 
ferable, without  the  consent  of  the  mayor. 

1750.  Vehicle  to  Show  Name  of  Licensee.]  § 3.  Every 
wagon,  cart,  or  other  vehicle  used  by  a person  licensed  under 
44 


674 


Ordinances. 


this  article,  shall  be  conspicuously  and  permanently,  marked 
with  the  name  of  such  person,  and  with  the  number  of  his 
license. 

1751.  Food  Inspector — Duty  of.]  § 4.  It  shall  be  the 
duty  of  the  food  inspector  to  secure  the  enforcement  of  the 
provisions  of  this  article,  and  also  to  report  to  the  mayor, 
every  violation  of  any  provision  of  this  article,  that  may 
render  the  license  of  the  person  commiting  the  same,  liable  to 
revocation,  as  hereinafter  specified;  to  prevent,  so  far  as  he 
has  legal  power  to  do  so,  all  sale  of,  or  dealing  in  decayed,  or 
unwholesome  vegetables,  produce,  poultry  or  fish,  or  impure, 
adulterated  or  unwholesome  milk;  and  to  cause  the  arrest, 
and  prosecution  of  any  and  all  offenders,  against  the  pro- 
visions of  this  article. 

1752.  Entry  on  Wagons,  Etc. — Prevention  of  Adulter- 
ation.] § 5.  The  said  inspector  shall  have  power  and  au- 
thority to  enter  any  and  all  wagons  or  other  vehicles,  used 
and  employed  by  peddlers,  within  the  corporate  limits  of  said 
city,  whenever  he  has  reason  to  believe  that  any  article  there- 
in, is  adulterated,  impure  or  unwholsome,  and  whenever 
he  deems  it  necessary,  he  shall  take  samples  thereof,  and 
cause  the  same  to  be  analyzed,  or  otherwise  satisfactorily 
tested,  and  the  result  of  such  test  shall  be  recorded  and  pre- 
served as  evidence. 

1753.  Unwholesome  Food — Penalty.]  § 6.  Whoever 
sells,  or  exchanges,  or  has  in  his  possession,  with  intent  to  sell 
or  exchange,  or  offer  for  sale  or  exchange,  any  unwholesome 
vegetables,  fish,  farm  produce,  or  other  articles  used  for  human 
food,  or  adulterated,  or  unwholesome  milk,  or  milk  to  which 
water  or  any  foreign  substance  has  been  added,  shall,  for  such 
offense,  be  punished  by  a fine  of  not  less  than  ten  dollars,  nor 
more  than  two  hundred  dollars. 

1754.  Milk — Prohibited  Quality.]  § 7.  All  milk  pro- 
duced from  sick  or  diseased  cows,  and  all  milk  obtained  from 


Peddlers. 


67s 


cows  fed  on  slops  or  waste,  shall  be  deemed  impure  and  un- 
wholesome within  the  meaning  of  this  article;  and  all  milk  to 
which  water,  ice  or  any  other  substance  has  been  added,  shall 
be  deemed  adulterated  within  the  meaning  of  this  article;  and, 
it  shall  be  unlawful  for  any  person,  to  sell,  offer,  or  expose 
for  sale,  any  milk  from  which  the  cream,  or  any  part 
thereof,  has  been  removed,  unless  such  be  sold  as  “skimmed 
milk,”  and  the  character  of  the  same  be  expressly  and  dis- 
tinctly stated  to  the  purchaser. 

1755.  Misrepresentation — Penalty.]  § 8.  Any  person, 
licensed  as  aforesaid,  under  this  article,  who  shall  be  guilty  of 
any  fraud,  cheat,  misrepresentation  or  imposition,  while  acting 
under  such  license,  or  while  selling  his  goods,  shall,  on  convic- 
tion thereof,  be  subject  to  a fine  of  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars. 

1756.  Ordinance — Construction  of.]  § 9.  This  article 
shall  not  be  so  construed,  as  to  prevent  any  farmer,  fruit  or 
vine  grower,  and  gardener,  from  the  right  to  sell  the  produce 
of  his  farm,  orchard,  vineyard  and  garden,  in  any  place  or 
market,  where  such  articles  are  usually  sold,  and  in  any  quan- 
tity he  may  think  proper,  without  obtaining  a license  therefor; 
nor  shall  the  same  be  so  construed  as  to  make  it  a penal 
offense  for  children  under  the  age  of  twelve  years  to  peddle 
apples  or  other  fruit,  provided  they  do  not  occupy  a stand; 
nor  shall  it  be  so  construed  as  to  apply  to  the  peddling  of 
newspapers. 

1757.  Hawking  on  Street — Penalty.]  § 10.  It  shall 
be  unlawful  for  any  person  whatever,  whether  he  has  a ped- 
dler’s license  or  not,  in  going  along  the  streets,  alleys,  high- 
ways, or  public  places  of  the  city  of  Peoria,  to  call  out,  cry, 
or  by  any  device,  make  any  noise,  or  blow  any  horn,  to  call 
attention  to  the  sale  of  any  goods,  wares,  merchandise,  or  any 
article  or  thing  whatever,  under  a penalty  of  not  less  than  one 
dollar,  nor  more  than  ten  dollars  for  each  offense. 


676 


Ordinances. 


1758.  Penalty.]  § n.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  article,  or  refuse  or  neglect  to 
comply  with  any  requirement  thereof,  where  no  other  or  dif- 
ferent penalty  is  provided,  shall  be  punished  by  a fine  of  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars. 
And,  in  addition  to  any  fine,  all  licenses  that  may  have  been 
issued  to  any  such  person,  may  be  revoked  by  the  mayor,  up- 
on a conviction  for  a violation  of  any  of  the  provisions  of  this 
article. 

< 

ARTICLE  38. 

\ 

PLUMBERS  AND  DRAIN  LAYERS. 


Section. 

1759.  License— Penalty. 

1760.  License  Fee— Qualifications. 

1761.  Application  for  License. 

1762.  Bond — Condition. 

1763.  License  Posted— Change  of  Firm. 


Section. 

1764.  License  Not  Transferable. 

1765.  Inspection  of  Plumbers’  Work. 

1766.  House  Plumbing  and  Drainage— In- 

spection of, 

1767.  Penalty. 


1759.  License — Penalty.]  § 1.  No  person,  or  firm, 
shall  carry  on  the  business  of  plumber,  or  drain  layer,  within 
said  city,  without  first  having  obtained  a license  therefor,  un- 
der a penalty,  of  not  less  than  twenty  dollars,  nor  more  than 
two  hundred  dollars,  for  each  offense. 

1760.  License  Fee — Qualifications.  ] § 2.  Licenses 

shall  be  granted  to  practical  plumbers,  and  drain  layers,  upon 
the  payment  of  ten  dollars  per  annum.  They  must  be  experi- 
enced in  their  business,  must  be  at  least  twenty-one  years  of 
age,  and  upon  making  application  for  a license,  must  furnish 
the  mayor  with  satisfactory  evidence  of  the  above;  and  a pe- 
tition, signed  by  two  licensed  plumbers  of  this  city,  vouching 
for  the  business  capacity  and  reputation  of  the  applicant,  and 
for  his  worthiness  to  receive  a license,  may  be  taken  as  satis- 
factory evidence. 


Plumbers  and  Drain  Layers. 


677 


1761.  Application  for  License.]  § 3.  Application  for 
a license  shall  be  made,  in  writing,  to  the  mayor;  it  shall  state 
the  full  name  of  the  applicant,  his  place  of  residence,  his  exist- 
ing, or  proposed  place  of  business,  and  the  firm  name  under 
which  the  business  is  to  be  carried  on,  and  the  name  of  each 
member  of  any  firm. 

1762-  Bond — Condition.]  § 4.  Before  any  license  shall 
be  granted  to  any  person  to  carry  on  the  business  of  plumber, 
or  drain  layer,  he  shall  execute  a bond  to  the  city  of  Peoria, 
with  two  or  more  sureties,  to  be  approved  by  the  mayor,  in 
the  sum  of  five  thousand  dollars,  conditioned,  that  he  will  in- 
demnify and  save  harmless  the  city  of  Peoria  from  all  acci- 
dents and  damages,  caused  by  any  negligence  in  either  the 
execution,  or  protection  of  his  work,  or  for  any  unfaithful  or 
inadequate  work  done  under  and  by  virtue  of  his  license;  and, 
that  said  license,  as  such,  will  also  conform  to  all  the  conditions 
and  requirements  of  the  city  for  his  government,  and  in  default 
thereof,  will  submit  to  such  penalties  as  are,  or  may  be  pre- 
scribed by  the  city  council. 

1763.  License  Posted — Change  of  Firm,]  § 5.  Any 

change  of  the  firm  name,  or  location  of  business,  must  be 
promptly  reported  to  the  commissioner  of  public  works,  and 
the  license  shall  be  kept  in  a conspicuous  place  at  the  place  of 
business. 

1764.  License  Not  Transferable.]  § 6.  When  two  or 
more  persons  are  co-partners,  licenses  shall  issue  in  the  name 
of  the  firm,  or  co-partnership,  and  no  license  shall  be  trans- 
ferable. 

1765.  Inspection  of  Plumbers’  Work.]  § 7.  All  dig- 
ging up  streets,  and  connections  with  sewers,  drains,  water 
and  gas  pipes,  shall  be  made  in  accordance  with  the  provisions 
of  the  ordinances  of  the  city  in  relation  thereunto,  and  shall  be 
subject  to  the  inspection,  supervision,  and  approval  of  the  com- 


678 


Ordinances. 


missioner  of  public  work,  and  all  faulty,  or  defective  work 
which  may,  at  any  time,  be  discovered,  shall  be  made  satisfac- 
tory to  the  commissioner  of  public  works,  and  no  further  per- 
mits will  be  issued  to  the  party  in  default  until  this  section 
shall  have  been  fully  complied  with. 

1766.  House  Plumbing  and  Drainage — Inspection  of.] 

§ 8.  All  plumbing  and  drain  work  in  any  house,  or  connected 
therewith,  shall  be  subject  to  the  inspection,  supervision,  and 
approval  of  the  superintendent  of  buildings. 

1767.  Penalty.]  § 9.  Any  plumber,  or  drain  layer,  who 
shall  be  guilty  of  any  violation  of  any  of  the  provisions  of  this 
article,  or  any  of  the  ordinances  of  the  city  relating  to  the  con- 
duct of  his  business,  as  such  plumber  or  drain  layer,  shall  for- 
feit his  license,  and  shall  be  subject  to  a fine  of  not  less  than 
ten  dollars,  nor  more  than  one  hundred  dollars. 

ARTICLE  39. 

POLICE  MAGISTRATE. 

Section. 

1777.  Police  Officer — Not  to  Retain  Witness 
Fees. 

1778.  Jury  Trial— to  Fix  Fine. 

1779.  Jury  Fees— Witness  Fees. 

1780.  Magistrate’s  Fees. 

1781.  Officer’s  Fees  to  be  Taxed. 

1782.  Costs  Adjudged  Against  City— How 
Payable. 

1783.  Fines  to  be  Paid  to  City  Treasurer— 
When. 

1784.  Collection  on  Execution  by  Officer — 
Duty  to  Report. 

1785.  Magistrate  to  report  monthly. 


Section. 

1768.  Election  of. 

1769.  Jurisdiction  of. 

1770.  Amendments  of  Complaint,  etc. 

1771.  Violation  of  City  Ordinance — Form 

of  Complaint. 

1772.  Sworn  Complaint — Warrant  to  Issue 

—To  Whom  Directed — Trial,  etc. 

1773.  Offender  Unknown— Description  of— 

Duty  of  Magistrate. 

i774>  Conviction— Commitment  — Limit  of 
Term. 

1775.  Warrant  of  Commitment — Form  of. 

1776.  Writ— How  Officer  to  Execute. 


1768.  Election.]  § 1.  That  there  shall  be  elected  in 
and  for  the  city  of  Peoria,  one  police  magistrate,  at  the  annual 
election  of  city  officers  in  1892,  and  quadrennially  thereafter. 

1769-  Jurisdiction  of.]  § 2.  All  suits  or  actions  for  the 
recovery  of  any  fine,  penalty,  or  forfeiture,  arising  under  the 
laws  or  ordinances  of  the  city  of  Peoria,  where  the  amount 


Police  Magistrate. 


679 


sued  for,  or  in  controversy,  does  not  exceed  two  hundred  dol- 
lars, may  be  brought  before  any  police  magistrate,  or  justice 
of  the  peace  in  the  city. 

1770.  Amendments  of  Complaint,  Etc.]  § 3.  No 

suit  or  proceeding,  under  the  laws,  or  ordinances  of  the  city, 
shall  be  dismissed  for  any  defect,  or  informality  in  the  com- 
plaint, if  the  offense  be  substantially  alleged  therein;  and 
amendments  may  be  allowed  in  all  cases  upon  such  terms  as 
the  magistrate,  or  court,  before  which  the  case  is  pending, 
shall  deem  just  and  reasonable. 

1771.  Violations  of  City  Ordinances — Form  of  Com- 
plaint.] § 4.  All  prosecutions  for  the  violation  of  any  of 
the  ordinances  of  the  city  of  Peoria,  shall  be  upon  complaint, 
which  shall  be  sworn  to  by  the  person  making  the  same, 
which  said  complaint  shall  be  in  substantially  the  following 
form,  to- wit: 

State  of  Illinois,  ) 

City  and  County  of  Peoria,  ) s ' 

A.  B.,  being  first  duly  sworn,  by  way  of  complaint  to , police 

magistrate  of  the  city  of  Peoria,  states  that  section of  ordinance 

of  said  city  of  Peoria  has  been  violated,  and  that  he  has  reasonable 

grounds  to  believe  that  C.  D.  has  been  guilty  of  a breach  of  said  ordinance 
by  [here  describe  the  particular  breach  of  the  ordinance],  in  the  city  of 

Peoria  and  county  aforesaid,  between  the day  of 18 — , and 

the day  of , 18 — . 

A.  B. 

Subscribed  and  sworn  to  by  the  said  A.  B.  before  me  this day  of 

,18-.  E.F., 

Police  Magistrate. 

Which  complaint  may  be  written  or  printed,  or  partly  written 
and  partly  printed,  and  said  form  shall  ar.d  may  be  so  varied 
as  to  apply  to  the  nature  of  the  offense  or  breach,  or  time, 
place,  number  of  persons  joined  in  action,  or  suit,  etc.,  as  the 
occasion  and  the  right  and  justice  of  the  case  may  require, 
without  regard  to  the  particular  form  of  words;  and  no  objec- 
tion to  form,  or  words,  shall  be  allowed,  if  such  complaint 


68o 


Ordinances. 


shall  substantially  set  forth  the  nature  of  the  offense  charged, 
under  oath,  so  as  to  give  notice  to  the  defendant  of  the  nature 
of  the  charge  which  he  is  called  upon  to  answer. 

1772.  Sworn  Complaint — Warrant  to  Issue  — To 
Whom  Directed — Trial,  Etc.]  § 5.  That  if  such  com- 
plaint be  made  by  any  city  officer  of  said  city,  the  same  shall 
be  signed  and  sworn  to  by  the  officer  making  it,  the  same  as 
if  it  were  made  by  any  other  person  than  a city  officer,  and 
shall  be  verified  by  affidavit  in  the  usual  way  of  making  com- 
plaint on  oath;  and  the  said  police  magistrate  shall  thereupon 
issue  his  warrant,  reciting  therein  the  breach  of  the  ordinance 
as  set  forth  in  the  complaint,  for  the  arrest  of  the  person 
named  or  described  therein,  returnable  forthwith;  which  war- 
rant shall  be  directed  to  the  superintendent  of  police  or  any 
policeman  of  said  city,  or  to  any  constable  of  Peoria  county; 
and  the  said  police  magistrate,  on  the  appearance  of  the  offen- 
der, shall,  without  unnecessary  delay,  proceed  with  the  exam- 
ination and  trial  of  the  defendant. 

1773.  Offender  Unknown — Description  of — Duty  of 
Magistrate.]  § 6.  If  the  name  of  any  defendant  is  unknown 
he  may  be  designated  by  any  description  by  which  he  can 
with  certainty  be  identified;  and  if  upon  arrest  he  shall  refuse 
to  disclose  his  true  name,  he  may  be  tried  and  convicted  by 
the  designation  used  in  the  warrant.  But  where  the  true  name 
of  any  defendant  is  known  to  the  magistrate,  or  can  be  ascer- 
tained by  him,  it  shall  be  the  duty  of  such  magistrate  to  place 
the  same  upon  his  docket. 

1774.  Conviction  — Commitment  — Limit  of  Term.  | 

§ 7.  That  in  all  cases  where  any  person  may  hereafter  be 
convicted  of  a violation  of  any  of  the  ordinances  of  said  city, 
and  the  amount  of  the  fine  and  costs  shall  not  be  paid  imme- 
diately upon  rendition  of  judgment,  the  magistrate  before  whom 
the  trial  may  be  had,  may  commit  the  defendant  by  warrant  of 


Police  Magistrate. 


68  i 

commitment  to  the  house  of  correction  of  the  city  of  Peoria, 
until  such  fine  and  costs  be  fully  paid,  for  a period  not  exceed- 
ing six  months  for  any  one  offense. 

1775-  Form  of  Warrant  of  Commitment  to  the  Super- 
intendent of  House  of  Correction.]  § 8.  The  said  warrant 
of  commitment  shall  be  in  the  following  form,  as  near  as  may 
be,  to- wit: 

State  of  Illinois,  ) 

City  and  County  of  Peoria.  ) 

The  People  of  the  State  of  Illinois,  to  the  Superintendent  of  the  House  of 
Correction  of  the  City  of  Peoria — Greeting : 

Whereas,  a judgment  upon  a fine  and  costs  was  rendered  by  the  under- 
signed, a police  magistrate  of  the  City  of  Peoria,  in  said  county,  on  the 

day  of 18..,  in  the  suit  of  the  city  of  Peoria  against 

[insert  name  of  defendant]  for  the  violation  of  an  ordinance  of  said  city, 
for  the  amount  of  [here  insert  amount  of  fine]  besides  [here  insert  amount  of 
costs]  cosjs  of  suit,  and  the  said  [name  of  defendant]  having  failed  to  pay 
said  fine  and  costs,  as  provided  by  ordinance,  it  was  ordered  by  the  under- 
signed that  he  be  committed  to  the  said  house  of  correction  until  such  fine 

and  costs  are  fully  paid,  for  the  period  of from  the 

day  of 18. . 

You  are,  therefore,  hereby  commanded,  in  the  name  of  the  said  People, 
to  receive  and  safely  keep  in  your  charge  and  custody  the  said  [name  of 
defendant]  until  such  fine  and  costs  are  fully  paid,  for  the  period  of  [insert 

time  of  imprisonment]  from  the . ..day  of 18..,  and 

compel  the  said  [name  of  defendant]  to  work  at  such  labor  within  and 
without  said  house  of  correction  as  his  [or  her]  strength  will  permit,  not  ex- 
ceeding ten  hours  each  working  day;  subject  to  the  rules  and  regulations 
for  the  government  and  discipline  of  persons  committed  to  said  house  of 
correction;  and  for  such  labor  the  said  [name  of  defendant]  shall  be  allowed 
exclusive  of  his  [or  her]  board,  the  sum  of  fifty  cents  for  each  day’s  work 
on  account  of  said  fine  and  costs;  and  when  the  whole  amount  of  said  fine 
and  costs  has  been  worked  out  or  paid  in  money,  or  paid  part  in  money 
and  part  in  labor  as  aforesaid,  you,  the  said  superintendent,  shall  discharge 
the  said  [name  of  defendant]  from  your  custody,  and  of  which  fine  and 
costs  and  the  term  of  imprisonment,  as  herein  stated,  you,  the  said  super- 
intendent, will  take  due  notice. 

Given  under  my  hand  and  seal,  at  the  city  of  Peoria,  this 


day  of , 18. . 

[seal]  E.  F. 

Police  Magistrate  of  the  city  of  Peoria. 


682 


Ordinances. 


1776.  Writ— How  Officer  to  Execute.]  § 9.  That  the 
officer,  who  shall  execute  any  writ,  or  other  process  issued  by 
a police  magistrate  of  said  city,  shall  unless  otherwise  directed 
by  this  or  some  other  ordinance  of  said  city,  proceed  in  the 
execution  of  his  duty  in  the  same  manner  as  constables  are  re- 
quired to  proceed  under  the  laws  of  this  state;  and  the  police 
magistrate,  in  issuing  process  and  on  the  return  thereof,  shall, 
unless  otherwise  directed  by  this,  or  some  other  ordinance  of 
said  city,  be  governed  by  the  law  of  this  state  appertaining  to 
like  proceedings  before  justices  of  the  peace. 

1777.  Police  Officer — Not  to  Retain  Witness  Fees.] 

§ 10.  That  in  all  suits  and  prosecutions  in  behalf  of  the  said 
city,  before  any  police  magistrate,  for  a violation  of  a city 
ordinance,  any  policeman  or  other  officer  of  said  city  is  hereby 
made  a competent  witness;  but  no  policeman  shall  be  entitled 
to  retain  any  witness  fee  in  any  such  case. 

1778.  Jury  Trial — Fix  Fine.]  § n.  The  city  of  Peo- 
ria, by  the  city  attorney,  or  any  person  who  shall  be  accused 
of  having  commited  a breach  of  any  ordinance,  now  or  here- 
after to  be  in  force  in  the  city  of  Peoria,  may  have  the  cause 
tried  by  a jury  of  six  lawful  men,  and  if  desired,  by  a full  jury 
of  twelve,  who  shall  be  summoned  to  try  the  cause,  and,  if  the 
jury  find  the  accused  guilty,  they  shall  assess  and  state  the 
amount  of  the  fine,  upon  which  the  magistrate  shall  give  judg- 
ment for  fine  and  costs  and  proceed  to  collect  the  same  as 
herein  required. 

1779.  Jury  Fees — Witness  Fees.]  § 12.  Each  juror 
so  summoned,  and  who  shall  sit  upon  the  trial  of  any  such 
cause,  shall  be  entitled  to  the  sum  of  fifty  cents  per  day,  for 
each  and  every  day,  or  fraction  of  a day,  while  so  occupied, 
and  the  complainant,  or  defendant,  as  the  case  may  be,  demand- 
ing the  jury,  shall  advance  the  fee  before  the  venire  shall  issue 
therefor;  and  a like  amount  in  advance,  for  each  day,  or  frac- 
tion of  a day,  their  services  as  such  as  are  required  in  the  trial 


Police  Magistrate. 


683 


of  any  cause.  All  witnesses  subpoenaed  upon  the  trial  of 
any  such  cause,  shall  be  entitled  to  a like  sum  of  fifty  cents 
per  day,  for  each  day’s  necessary  attendance,  to  be  taxed  as 
costs  in  the  case,  and  abide  the  result  of  the  suit. 

1780.  Magistrates  Fees.]  § 13.  That  police  magis- 
trates, in  all  causes  for  the  violations  of  ordinances  of  the  city, 
shall  be  allowed,  when  earned,  the  following  fees  to  wit: 

For  taking  each  complaint  in  writing,  under  oath,  thirty-five 
cents. 

For  each  summons  or  warrant,  twenty-five  cents. 

For  administering  oath  to  affidavit,  when  drawn  by  police 
magistrate,  thirty-five  cents. 

For  administering  oath  to  affidavit,  when  not  drawn  by 
police  magistrate,  ten  cents. 

For  taking  each  bond,  thirty-five  cents. 

For  taking  bail,  fifty  cents. 

For  docketing  each  suit,  twenty-five  cents. 

For  each  subpoena,  twenty-five  cents. 

For  each  venire,  in  all  cases,  twenty-five  cents. 

For  taking  recognizance,  and  returning  same,  fifty  cents. 

For  administering  oath,  five  cents. 

For  entering  continuance,  or  any  other  order  in  the  case,  fif- 
teen cents. 

For  transcript  in  change  of  venue,  fifty  cents. 

For  entering  verdict  of  jury,  fifteen  cents. 

For  entering  judgments,  twenty-five  cents. 

For  each  mittimus,  thirty-five  cents. 

For  entering  satisfaction  of  judgment,  ten  cents. 

For  entering  each  appeal,  twenty-five  cents. 

For  transcript  of  judgment  and  proceedings  in  cases  of  ap- 
peal, fifty  cents. 

For  issuing  execution,  twenty-five  cents. 

For  the  trial  of  all  contested  cases,  a per  diem  of  two  dol- 
lars, and  no  other  fees  or  charges  whatever,  shall  be  taxed  or 


684 


Ordinances. 


charged  by  said  police  magistrates,  unless  the  same  be  author- 
ized by  the  laws  of  the  state  of  Illinois,  or  the  ordinances  of 
the  city  of  Peoria,  hereafter  to  be  adopted. 

1781.  Officers’  Fees  to  be  Taxed.]  § 14.  In  all  pros- 
ecutions for  violations  of  city  ordinances,  there  shall  be  taxed 
as  a part  of  the  costs,  and  collected  and  paid  into  the  city 
treasury,  the  following  officers’  fees,  to- wit: 

For  serving  and  returning  a warrant,  for  each  person  served, 
fifty  cents. 

For  serving  subpoena,  for  each  person  served,  twenty-five 
cents. 

For  serving  a venire,  fifty  cents. 

For  attending  and  waiting  on  a jury,  fifty  cents. 

For  serving  and  returning  each  execution,  fifty  cents. 

For  serving  and  returning  a writ  of  attachment,  fifty  cents, 
and  five  cents  per  mile  each  way  for  actual  distance  traveled 
by  him  in  serving  such  writ,  the  distance  to  be  computed  from 
the  office  of  the  police  magistrate,  or  justice  of  the  peace,  to 
the  residence  of  each  person  served. 

For  serving  mittimus,  fifty  cents. 

1782.  Costs  Adjudged  Against  City — When  Payable.] 

§15.  In  all  prosecutions  for  any  violation  of  any  ordinance 
of  the  city  of  Peoria,  in  which  the  costs,  or  any  part  thereof, 
shall  be  adjudged  against  said  city,  the  payment  of  the  same 
shall  in  each  instance,  be  in  the  discretion  of  the  city  council, 
and  payable  only  as  it  shall  by  ordinance,  or  resolution,  pro- 
vide. 

1783.  Fines  to  be  Paid  to  City  Treasurer — When.] 

§ 16.  The  police  magistrate  and  justices  of  the  peace,  or 
other  such  officer,  collecting  fines,  costs  or  moneys  on  account 
of  the  city,  shall  pay  over  the  same  to  the  city  treasurer,  on 
or  before  the  first  of  each  and  every  month.  If  any  such  offi- 
cer shall  neglect  or  refuse  to  pay  over  the  amount  of  any  fine 
or  moneys,  collected  by  him  for  the  use  of  the  eity,  as  herein 


Police  Magistrate, 


685 


required,  it  shall  be  the  duty  of  the  city  comptroller,  to  give 
notice  to  any  such  person,  to  pay  over,  as  aforesaid,  all  moneys 
so  due  the  city,  and  every  such  person,  so  notified,  failing  or 
refusing  to  comply  with  such  notice,  within  ten  days  after  the 
service  of  the  same,  as  herein  provided,  shall  be  deemed  and 
held  to  be  in  default,  and  proceedings  shall  at  once  be  com- 
menced by  the  proper  department  of  the  city  government, 
against  any  person  so  delinquent,  and  the  official  sureties  of 
such  person,  to  compel  the  payment  of  all  moneys  so  due  the 
city,  and  such,  officer  finally  adjudged  to  be  in  default,  shall  be 
subject  to  such  further  proceedings  provided  by  law,  concern- 
ing the  withholding  of  public  funds,  upon  lawful  demand 
therefore,  being  made. 

1784.  Collection  on  Execution  by  Officer — Duty  to  Re- 
port.] § 17.  It  shall  be  the  duty  of  every  officer  of  the 
city,  holding  any  execution  for  the  collection  of  any  fine,  or 
penalty,  imposed  by  any  lawful  authority  of  the  city  govern- 
ment, to  make  to  the  court  from  which  such  execution  issued, 
a report  of  all  moneys  collected  by  him  on  such  writ,  and  pay 
the  said  amount  into  the  proper  court,  as  soon  as  any  sum 
thereon  is  received,  and  to  make  proper  return  of  such  writ 
in  the  time  and  manner  provided  by  law. 

1785.  Magistrate  to  Report  Monthly  to  Council.]  § 18. 

The  police  magistrate  or  justice  of  the  peace,  before  whom 
any  suit  may  be  brought,  for  the  recovery  of  any  fine  or  pen- 
alty, for  the  violation  of  any  ordinance,  or  law  of  the 
city,  shall,  on  the  first  Monday  of  each  month,  report  to  the 
city  council,  on  blanks  to  be  provided  for  that  purpose,  a de- 
tailed list  of  all  suits  brought  before  such  magistrate,  or  justice 
of  the  peace,  in  the  name  of  the  city,  since  his  last  report,  the 
amount  of  fines  imposed,  if  any,  and  whether  any  portion  of 
such  fine  was  paid,  and  how  much,  the  amount  of  costs  taxed, 
and  for  what  purposes,  and  whether  paid  or  not,  the  date  of 
the  judgment,  and  the  name  of  the  person  against  whom  ren- 


686 


Ordinances. 


dered,  with  the  final  disposition  of  each  case  by  the  magistrate, 
or  justice,  before  whom  the  complaint  was  brought,  or  dis- 
posed of;  and  all  such  officers  shall,  also  at  the  same  time, 
make  report,  of  all  fines  and  penalties,  collected  from  the  date 
of  their  last  report,  on  all  prior  judgments. 

ARTICLE  40. 

POOL  SELLING. 


Section. 

1786.  Pool  Selling  Prohibited  — Penalty- 
Exception. 


1786.  Pool  Selling  Prohibited — Penalty — Exception.] 

§ 1.  That  any  person,  or  corporation,  who  keeps  any 
room,  shed,  tenement,  tent,  booth  or  building,  or  any  part 
thereof,  or  who  occupies  any  place  upon  any  public  or  pri- 
vate grounds,  within  the  city  of  Peoria,  with  any  book,  instru- 
ment or  device  for  the  purpose  of  recording  or  registering  bets 
or  wagers,  or  of  selling  pools,  or  any  person  who  records  or 
registers  bets  or  wagers,  or  sells  pools  upon  the  results  of  any 
trial  or  contest  of  skill,  speed  or  power  of  endurance  of  man 
or  beast,  or  upon  the  result  of  any  political  nomination,  ap- 
pointment, or  election,  or,  being  the  owner,  lessee,  or  occupant 
of  any  room,  shed,  tenement,  tent,  booth  or  building,  or  part 
thereof,  knowingly  permits  the  same  to  be  used  or  occupied 
for  any  of  these  purposes,  or  therein  keeps,  exhibits,  or  em- 
ploys any  device  or  apparatus  for  the  purpose  of  recording 
or  registering  such  bets  or  wagers,  or  selling  of  such  pools,  or 
becomes  the  custodian  or  depository  for  hire,  or  privilege,  of 
any  money,  property,  or  thing  of  value  staked,  wagered  or 
pledged  upon  any  such  result,  shall  be  fined  in  a sum  not  less 
than  fifty  dollars,  nor  exceeding  two  hundred  dollars:  Pro- 
vided, however,  that  the  provisions  of  this  ordinance  shall  not 
apply  to  the  actual  enclosure  of  fair  or  race  track  associations, 


Porters  and  Runners. 


687 


that  are  incorporated  under  the  laws  of  the  state,  during  the 
actual  time  of  the  meetings  of  said  associations,  or  within 
twenty-four  hours  before  any  such  meetings. 


ARTICLE  41. 

PORTERS  AND  RUNNERS. 


Section. 

1787.  Porters  to  be  Licensed. 

1788.  License  Fee. 

1789.  Must  Wear  Badge. 

1790.  Fees  of  Public  Porters. 

1791.  Runners  for  Hotels— License- 

Badge. 


Section. 

1792.  Wrongfully  Wearing  Badge. 

1793.  Misconduct — Penalty. 

1794.  Mayor  may  Revoke  License. 

1795.  City  Clerk  to  Record  Revocation. 


1787.  Porters  to  be  Licensed.]  § 1.  That  no  person 
shall  act  as  public  porter  in  said  city,  for  the  carriage  of  any 
goods,  wares,  merchandise,  or  other  thing  for  hire,  either  with, 
or  without  a wagon,  hand-cart,  wheel-barrow,  or  other  vehicle 
drawn  or  propelled  by  hand,  without  first  having  obtained  a 
license  for  that  purpose  as  hereinafter  provided,  under  a pen- 
alty of  not  less  than  five  dollars,  nor  more  than  fifty  dollars,  for 
every  offense. 

1788-  License  Fee.]  § 2,  Licenses  may  be  issued  un- 
der this  article  to  good  citizens,  over  twenty-one  years  of  age, 
for  one  year,  for  the  sum  of  three  dollars. 

1789-  Must  Wear  Badge.]  § 3.  No  public  city  porter 
shall  convey  any  goods,  wares,  merchandise  or  other  thing  for 
hire,  without  wearing  a badge  conspicuously  in  front  of  his  hat, 
cap  or  breast,  with  the  words  “city  porter”  and  the  number  of 
his  license  plainly  painted  or  engraved  thereon  in  legible 
characters,  each  character  or  letter  to  be  not  less  than  one 
inch  in  length;  and  any  city  porter,  who  shall,  in  any  case  fail 
to  wear  such  badge,  or  who  shall  suffer  or  permit  any  other 
person  than  himself  to  wear  the  same,  or  to  carry  any  article 
intrusted  to  him,  either  by  hand  or  in  his  wheel  or  hand-bar- 
row, or  hand-cart,  shall  be  subject  to  a fine  of  not  less  than 
five  dollars,  nor  more  than  fifty  dollars,  for  every  offense. 


688 


Ordinances. 


1790.  Fees  of  Public  Porters.  § 4.  Public  porters  shall 
be  entitled  to  the  following  fees  or  charges  for  their  services, 
to-wit:  For  carrying  or  conveying  each  trunk  or  package 
the  distance  of  four  blocks,  or  less,  the  sum  of  twenty-five 
cents;  and  for  all  distances  over  four  blocks,  and  not  exceed- 
ing  eight  blocks,  the  sum  of  thirty-five  cents;  all  distances  in 
excess  of  eight  blocks,  fifty  cents.  And  if  any  city  porter 
shall  demand,  charge  or  receive  any  greater  sums  than  are 
herein  allowed,  he  shall  forfeit  and  pay  not  less  than  two  dol- 
lars, nor  more  than  twenty-five  dollars,  for  every  offense;  and 
the  police  magistrate  before  whom  the  trial  is  had,  may,  in  his 
discretion,  enter  up,  as  a part  of  the  judgment,  the  forfeiture 
of  his  license. 

1791.  Runners  for  Hotels — License — Badge.]  § 5. 

No  person  shall  act  as  runner  or  porter  for,  or  in  any  manner 
solicit  or  ask  the  patronage,  or  custom  of  any  traveler  or  other 
person,  or  for  any  public  house  or  hotel,  steamboat,  canal-boat, 
railroad,  hackney-carriage,  omnibus,  or  public  conveyance  or 
transportation  company,  at  any  railroad  depot  or  station,  steam- 
boat or  canal-boat  landing,  or  any  other  place  in  said  city,  other 
than  at  the  house  or  hotel,  depot,  station  or  landing,  or  the 
usual  place  of  business  of  the  person  or  persons,  company  or  cor- 
poration by  whom  he  shall  be  employed,  until  he  shall  first 
obtain  a license  for  that  purpose  as  herein  provided;  and  un- 
less he  shall  also,  when  so  acting  as  runner  or  porter,  or  solic- 
iting custom,  or  patronage,  wear  conspicuously  in  front  of  his 
hat,  cap  or  breast,  a badge  with  the  name  of  the  house,  road, 
company  or  line  of  conveyance  for  which  he  is  acting,  and  the 
number  of  his  license,  plainly  painted,  or  engraved  thereon, 
in  legible  characters,  each  character  or  letter  to  be  at  least  one 
inch  in  length;  and  any  person  violating  any  of  the  provisions 
of  this  section  shall  forfeit  and  pay  not  less  than  five  dollars, 
nor  more  than  fifty  dollars,  for  every  offense. 

1792.  Wrongfully  Wearing  Badge.]  § 6.  Any  licensed 
porter,  or  runner  mentioned  in  the  preceding  section  who  shall 


Porters  and  Runners. 


689 


suffer  or  permit  any  other  person  to  wear  his  badge,  and  any 
person  not  licensed  as  a porter  or  runner  under  this  article, 
who  shall  wear  the  badge  of  a licensed  porter  or  runner,  shall 
forfeit  and  pay  not  less  than  five  dollars,  nor  rrrore  than  fifty 
dollars,  for  every  offense. 

1793.  Misconduct — Penalty.]  § 7.  Any  porter  or  run- 
ner who  shall,  at  any  time  or  place,  when  engaged  in  his  em- 
ployment, make  use  of  any  indecent,  profane  or  boisterous 
language,  or  be  guilty  of  loud  talking,  hallooing  or  any  dis- 
orderly conduct,  or  shall  vex,  disturb,  deceive,  or  importune 
strangers,  travelers,  or  citizens,  or  shall  refuse  to  observe  and 
obey  any  order  or  direction  of  the  mayor,  superintendent  of 
police,  policeman,  magistrate,  alderman,  or  other  conservator 
of  the  peace  in  said  city,  at  any  railroad  termination,  depot, 
steamboat  or  other  landing  or  place,  shall  forfeit  and  pay  not 
less  than  five  dollars,  nor  more  than  fifty  dollars  for  every  of- 
fense; and  the  magistrate  before  whom  the  trial  is  had  may, 
in  his  discretion,  enter  up,  as  a part  of  the  judgment,  the  for- 
feiture of  his  license. 

1794.  Mayor  May  Revoke  License.]  § 8.  That  in 
all  cases  where  licenses  have  heretofore  been  issued,  or  that 
may  hereafter  be  issued,  to  porters  or  runners,  the  mayor  is 
hereby  authorized  and  empowered  to  revoke  all  such  licenses 
whenever  he  may  deem  it  to  the  interest  of  said  city  so  to  do, 
and  that  in  case  of  such  revocation  no  part  of  the  amount  paid 
by  such  porter  or  runner  for  his  license  shall  be  refunded. 

1795.  City  Clerk  to  Record  Revocation.]  § 9.  When 
any  such  license  has  been  revoked,  the  city  clerk  shall  enter 
such  revocation  on  the  register  of  licenses,  opposite  the  name 
of  such  licensed  person,  and  the  date  of  such  revocation,  and 
he  shall  notify  such  porter  or  runner  of  such  revocation. 


45 


690 


Ordinances. 


ARTICLE  42. 

POUND. 


Section. 

1796.  Domestic  Animal— Unlawful  to  Run 

at  laFge— Penalty. 

1797.  Pound  Keeper— Office  created— Ap- 

pointment. 

1798.  Under  Superintendent  of  Police — 

Keeper  of  Dog  Pound. 

1799.  Pound  Keeper’s  Bond. 

1800.  Pound  Keeper’s  Duty. 

1801.  Policemen— Duty. 

1802.  Who  may  Impound. 

1803.  Sustenance  for  Animal— How  Pro- 

vided. 

1804.  Fees  for  Impounding. 

180^.  Redemption  of  Animal. 

1806.  Proceeding  as  to  Impounded  Animal 

1807.  Proceeding — Unknown  Owner — No- 

tice. 

1808.  Justice’s  Docket— Entry. 


Section. 

1809.  Trial  by  Jury. 

18x0.  Execution  on  Judgment— Form  of. 

1811.  Sale— Notice— Form  of. 

1812.  Adjourning  Sale—  Sale  Without  Notice 

— Penalty. 

1813.  Purchase  prohibited. 

1814.  Sale— Proceeds  of. 

1815.  Breaking  Pound. 

18x6.  Obstructing  taker-up  of  animal— Pen- 
alty. 

1817.  Unlawful  taking  up  to  impound— Pen- 

alty. 

1818.  Books  of  account — Monthly  adjust- 

ment. 

1819.  Monthly  Report — Fees  to  be  paid  over. 

1820.  Keeper — No  perquisites. 

1821.  Keeper— Removal  of— When. 


1796-  Domestic  Animal — Unlawful  to  Run  at  Large — 
Penalty.]  § 1.  It  shall  be  unlawful  for  any  domestic  animal 
of  the  species  of  horse,  mule,  sheep,  cattle,  swine,  goat,  goose, 
or  chicken,  to  run,  or  go  at  large,  at  any  time,  within  the  cor- 
porate limits  of  the  city  of  Peoria,  and  any  person,  being  the 
owner,  possessor,  or  keeper  of  any  such  animal  or  animals, 
who  shall  knowingly  suffer  or  permit  the  same  to  go,  or  run 
at  large  in  said  city,  in  violation  of  this  section,  shall  be  sub- 
ject to  a penalty  of  one  dollar  for  each  and  every  animal  so 
permitted  to  run  or  go  at  large,  together  with  the  fees  for  im- 
pounding, and  the  expense  of  sustenance  for  such  animal  or 
animals  when  impounded,  as  hereinafter  provided. 

1797-  Pound  Keeper — Office  Created — Appointment.] 

§ 2.  There  is  hereby  created  the  office  of  pound  keeper,  who 
shall  hold  his  office  for  the  term  of  two  years  and  until  his 
successor  shall  be  appointed  and  qualified;  he  shall  be  ap- 
pointed by  the  mayor,  by  and  with  the  advice  and  consent  of 
the  city  council,  on  the  first  Tuesday  in  May,  1892,  or  as  soon 
thereafter  as  may  be,  which  appointment  shall  be  for  the  term 


Pound. 


691 


of  one  year  and  until  his  successor  is  appointed  and  qualified; 
and  thereafter  the  appointment  shall  be  made  on  the  first 
Tuesday  in  May,  1893,  or  as  soon  thereafter  as  may  be,  and 
biennially  thereafter. 

1798.  Under  Superintendent  of  Police — Keeper  of  Dog 
Pound.]  § 3.  Said  pound  keeper  shall  also  be  the  keeper 
of  the  dog  pound;  and  he  shall  at  all  times  be  under  the 
orders,  control  and  direction  of  the'superintendent  of  police. 

1799-  Pound  Keeper’s  Bond.]  § 4.  The  pound  keeper 
shall,  before  entering  upon  the  duties  of  his  office,  execute 
a bond  to  the  city  of  Peoria,  in  the  sum  of  five  hundred  dollars 
($500),  with  sureties  to  be  approved  by  the  city  council,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  his  office, 
and  the  payment  to  the  city  of  all  moneys  coming  into  his 
hands. 

1800-  Pound  Keeper’s  Duty.  | § 5.  It  shall  be  the 

duty  of  the  pound  keeper  to  take  up  and  impound  any  animal, 
known  by  him  to  be  running  at  large  within  said  city,  con- 
trary to  any  ordinance  of  the  city. 

1801-  Policemen — Duty.]  § 6.  It  shall  be  the  duty  of 
the  superintendent  of  police,  and  of  every  member  of  the  police 
force,  to  take  up  any  and  every  animal,  known  by  him  to  be 
unlawfully  at  large,  within  the  city,  contrary  to  any  ordinance, 
and  to  confine  the  same  in  the  city  pound. 

1802.  Who  May  Impound,]  § 7.  Any  person  incon- 
venienced, or  injured,  or  who  may  be  in  danger  of  being  in- 
jured, either  in  person  or  property,  by  reason  of  the  unlawful 
running  at  large  in  the  city  of  any  animal,  contrary  to  any 
ordinance,  may  take  and  drive  such  animal  to  the  city  pound, 
and  it  shall  be  the  duty  of  the  pound  keeper  to  receive  and 
impound  the  same. 

1803.  Sustenance  for  Animal — How  Provided.]  § 8. 

The  pound  keeper,  under  the  direction  and  control  of  the  su- 


692 


Ordinances. 


perintendent  of  police,  shall  provide  suitable  and  necessary  food 
and  drink  for  all  such  animals  as  mav  be  taken  up  and  im- 
pounded, during  the  time  they  may  be  so  impounded. 

1804.  Fees  for  Impounding.]  § 9.  There  shall  be 
charged  for  each  animal  impounded,  an  impounding  fee  of 
fifty  cents,  and  also  fifty  cents  for  each  day,  or  part  of  a day, 
for  providing  sustenance  tor  each  animal  impounded. 

1805.  Redemption  of  Animal.]  § 10.  At  any  time  be- 
fore the  sale  of  any  animal,  or  animals,  impounded,  the  owner, 
or  owners  thereof,  may  redeem  the  same  by  paying  to  the 
pound  keeper  the  penalty  of  one  dollar,  together  with  the  im- 
pounding fee  and  costs  of  sustenance,  as  prescribed  in  the  last 
section,  and  in  case  proceedings  shall  have  been  instituted  be- 
fore a judicial  officer,  the  costs  of  such  proceedings,  and  the 
amount  of  the  judgment,  if  judgment  shall  have  been  recov- 
ered, together  with  subsequently  accrued  costs  of  sustenance, 
shall  be  the  redemption  money  to  be  paid. 

1806.  Proceeding  as  to  Impounded  Animal.]  §11. 

When  any  animal,  or  animals  shall  be  impounded  as  aforesaid, 
it  shall  be  the  duty  of  the  keeper  of  the  pound  forthwith  to 
make  complaint  before  the  police  magistrate,  or  some  justice 
of  the  peace  of  the  said  city,  against  the  owner,  or  owners  of 
such  animals,  if  known,  and  thereupon  a warrant  shall  be  is- 
sued, and  upon  the  return  thereof  executed,  or  the  defendant 
having  appeared,  it  shall  be  the  duty  of  the  justice,  or  police 
magistrate,  to  inquire  whether  the  defendant  has  been  guilty 
of  a violation  hereof;  and,  if  the  defendant  be  found  guilty, 
judgment  shall  be  rendered  against  him  for  the  penalty,  im- 
pounding fee,  and  cost  of  sustenance  herein  prescribed,  and 
costs  of  suit,  and  an  order  shall  be  entered  that  the  animal,  or 
animals,  shall  be  sold  to  satisfy  said  judgment,  in  case  the  same 
shall  not  be  paid  forthwith.  Such  order  shall  describe  the 
animal,  or  animals,  and  state  the  time  and  place  of  impound- 
ing. 


Pound. 


693 


1807.  Proceeding — Unknown  Owner — Notice.]  § 12. 

When  the  owner  of  any  animal  impounded  shall  be  un- 
known, it  shall  be  the  duty  of  the  pound-keeper,  when  the 
same  shall  be  impounded,  to  make  complaint,  as  provided  in 
the  last  section,  against  the  unknown  owner,  or  owners  of  such 
animal,  describing  the  same,  and  thereupon  the  officer,  before 
whom  such  complaint  shall  be  made,  shall  issue  a notice  in 
substance  as  follows,  to-wit: 

Whereas,  complaint  has  this  day  been  made  before  me  that  the  un- 
known owner,  or  owners,  of  the  following  described  animals,  to-wit:  ..... 

impounded  at on  the 

day  of A.  D.  18  , has  permitted  the  same  to  run 

at  large,  contrary  to  the  provisions  of  the  ordinances  of  the  city  of  Peoria: 
Now,  therefore,  notice  is  hereby  given  that  a trial  will  be  had  upon  the  said 

complaint  at  my  office  in  the  city  of  Peoria,  on  the day  of 

A.  D.  18..,  at  the  hour  of m.,  when  and  where 

the  unknown  owner,  or  owners,  may  appear  and  defend,  if  he,  she,  or  they 
see  fit  to  do  so. 

Witness  my  hand  and  official  seal,  this  day  of 

A,  D.  18.. 

[L.S.]  

J.  P.  or  P.  M. 

The  day  named  in  said  notice  for  trial  shall  not  be  less  than 
five,  nor  more  than  ten  days,  from  the  date  of  issuing  the 
same,  and  it  shall  be  the  duty  of  the  pound-keeper,  forthwith, 
to  post  three  copies  of  said  notice,  one  at  the  pound,  one  at 
the  office  of  the  justice,  or  police  magistrate  issuing  the  same, 
and  one  at  the  city  hall,  in  said  city,  and  to  return  the  said 
notice,  with  the  time  and  manner  of  said  posting. 

1808.  Justice’s  Docket — Entry.]  § 13.  The  justice  or 
police  magistrate  issuing  said  notice  shall  enter  the  cause  upon 
his  docket,  as  follows,  to-wit: 

The  City  of  Peoria  vs.  the  Unknown  Owner,  or  Owners  of  (here  specify 
the  animals). 

And  upon  the  return  of  the  notice  prescribed  in  the  last  sec- 
tion, like  proceedings  shall  be  had  as  in  the  case  of  personal 
service  or  appearance. 


Ordinances. 


694 

1809.  Trial  by  Jury.]  § 14.  In  all  trials  for  violation 
of  this  ordinance,  the  accused  shall  have  the  right  of  trial  by 
jury,  and  in  proceedings  against  unknown  owner,  or  owners, 
the  trial  must  be  by  jury. 

1810.  Execution  on  Judgment — Form  of.]  § 15.  Upon 
the  rendition  of  judgment,  the  justice  of  the  peace,  or  police 
magistrate  rendering  the  same,  shall  issue  to  the  keeper  of  the 
pound  an  order,  which  shall  be  in  the  following  form,  as 
nearly  as  may  be: 

The  People  of  the  State  of  Illinois, 

To Pound-keeper: 

We  command  you,  that  of  the  following  described  goods  and  chattels, 

to-wit: the  property  of 

you  make  the  sum  of 

dollars  and cents  costs,  which  the  City  of  Peoria  recently  re- 
covered before  me  against  the  said .,  and  hereof 

make  due  return. 

Given  under  my  hand  and  seal,  this  the day  of 

A.  D.  18... 

[L.S.]  

J.  P.  or  P.  M. 

1811.  Sale  Notice — Form  of.]  § 16.  Upon  the  receipt 
of  such  order,  the  pound-keeper  shall  immediately  post  three 
notices,  in  like  places  as  provided  in  section  twenty  of  this 
article,  in  substance  as  follows: 

Taken  up  and  impounded  in  the  city  pound  of  the  City  of  Peoria  at 

the  following  described  animals: 

, which,  unless  redeemed,  will 

be  sold  at  public  auction,  for  cash,  to  the  highest  bidder,  at' said  pound,  at 

the  hour  of o’clock  in  the  forenoon,  on  the 

day  of 18 


Pound-keeper. 

The  day  of  the  sale  mentioned  in  said  notice  shall  be  the 
third  day  after  posting  the  same,  exclusive  of  Sundays,  holi- 
days and  election  days,  and  if  said  animal,  or  animals  are  not 
redeemed,  the  pound-keeper  shall  sell  the  same,  in  accordance 
with  said  notice. 


Pound. 


695 


It  shall  be  the  duty  of  the  pound-keeper,  on  receiving  the 
order  as  prescribed  in  section  twenty-three  of  its  article,  to 
return  the  same  within  twenty  days  from  its  date,  to  the  offi- 
cer issuing  the  same,  with  endorsement  showing  when  and 
how  the  same  was  executed. 

1812.  Adjourning  Sale — Sale  Without  Notice — Pen- 
alty.]  § 17.  Said  pound-keepers  may,  for  want  of  bidders, 
or  for  other  sufficient  cause,  adjourn  any  such  sale  from  day 
to  day  until  the  same  shall  be  completed.  If  he  shall  sell  any 
animal  without  giving  the  notice  above  prescribed,  he  shall 
incur  a penalty  of  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars  for  each  and  every  offense. 

1813.  Purchase  Prohibited.]  § 18.  No  person  shall 
purchase,  or  be  interested,  directly  or  indirectly,  in  the  pur- 
chase of  any  animal  taken  up,  impounded,  or  sold  by  him  un- 
der the  provisions  of  this  article,  under  a penalty  of  not  less 
than  twenty-five  dollars,  nor  more  than  one  hundred  dollars, 
for  each  animal,  and,  if  the  poundkeeper,  the  forfeiture  of  his 
office. 

1814-  Sale — Proceeds  of.]  § 19.  When  the  proceeds 
of  the  sale  of  any  animal  or  animals,  shall  exceed  the  amount 
of  judgment  and  costs  and  the  expense  of  sustenance  which 
shall  have  accrued  subsequently  to  the  rendition  of  the  judg- 
ment, and  such  excess  shall  have  been  paid  to  the  city  treas- 
urer, the  owner  or  owners  of  such  animal  or  animals  shall  be 
entitled  to  a warrant  on  the  city  treasurer  for  such  excess, 
upon  presenting  to  the  city  treasurer  satisfactory  evidence  of 
his  right  thereto. 

1815.  Breaking  Pound.]  § 20.  If  any  person  shall 
break  open,  or  in  any  manner,  directly  or  indirectly,  aid  or 
assist  in,  or  counsel  or  advise,  the  breaking  open  of  the  city 
pound,  he  shall  forfeit  and  pay  a penalty  of  twenty  dollars. 

1816-  Obstructing  Taker  of  Animal — Penalty.]  § 21. 

No  person  shall  hinder,  delay,  or  obstruct  any  person  engaged 


696 


Ordinances. 


in  taking  to  the  city  pound  any  animal  or  animals  liable  to  be 
impounded,  under  a penalty  of  not  less  than  five  dollars,  nor 
more  than  ten  dollars,  for  each  animal  so  being  taken. 

1817.  Unlawful  Taking  Up  to  Impound — Penalty.] 

§22.  Any  person  who  shall  take  or  drive  any  such  anima^ 
from  any  inclosed  lot  or  tract  of  ground,  or  from  any  stable 
or  other  building,  or  from  outside  the  pound  limits,  into  the 
limits  of  the  city,  or  with  the  intent  that  such  animal  may  be 
impounded,  shall  be  liable  to  a fine  of  not  less  than  five  dollars, 
nor  more  than  twenty  dollars,  for  every  animal  so  driven 
or  taken  from  the  place,  or  places,  aforesaid. 

1818.  Books  of  Account — Monthly  Adjustment.  | § 23. 

It  shall  be  the  duty  of  the  pound-keeper  to  keep  such  books, 
and  in  such  manner  as  the  city  comptroller  shall  direct,  which 
shall  show  all  the  receipts  and  expenditures  of  and  for  the  city 
pound;  and  the  comptroller  shall,  at  least  once  a month,  audit 
and  adjust  the  accounts  of  said  pound  keeper. 

1819.  Monthly  Report — Fees  to  be  Paid  Over.]  § 24. 

The  pound  keeper  of  said  city  shall,  at  the  end  of  each  month, 
pay  to  the  city  treasurer,  all  moneys  received  by  him  over  and 
above  the  necessary  expenditures  for  the  maintenance  of  the 
pound  during  the  month,  by  virtue  of  his  office  of  pound 
keeper,  and  shall,  at  the  end  of  each  month,  render  to  the 
comptroller,  a full  statement,  under  oath,  of  all  animals  re- 
ceived into  the  pound  during  such  month,  describing  the  same, 
with  the  names  of  owners,  if  known,  the  dates  when  received 
respectively,  of  the  animals  redeemed  and  the  date  of  redemp- 
tion, of  those  sold,  and  the  time  of  sale,  and  of  all  moneys  re- 
ceived by  him  during  said  month  for  the  redemption,  or  upon 
the  sale  of  animals,  or  otherwise,  as  pound  keeper,  and  of  all 
moneys  expended  by  him  in  the  maintenance  of  the  pound,  and 
shall  attach  to  said  statement  receipts  for  all  such  moneys. 
The  pound  keeper  shall  also  keep  a record,  in  which  he  shall 


Saloons. 


697 


enter,  from  time  to  time  as  they  occur,  all  matters  required  to 
be  shown  in  such  statements,  and  in  which  he  shall  cause  to 
be  written  the  receipts  of  owners  of  animals  redeemed. 

1820.  Keeper — No  Perquisites.]  § 25.  No  pound 
keeper  shall  receive  any  other  compensation  or  perquisite  than 
his  salary,  which  shall  be  fixed  by  the  city  council  in  the  an- 
nual appropriation  bill,  but,  in  case  any  member  of  the  police 
force  is  appointed  such  pound  keeper,  this  proviso  shall  not  be 
so  construed  as  to  affect  his  right  to  compensation  or  pay  as 
such  member  of  the  police  force. 

1821-  Keeper — Removal  of — When,]  § 26.  Every 
pound  keeper  shall  be  subject  to  removal  from  office  by  the 
mayor  whenever  he  shall  deem  the  interests  of  the  city  require 
such  removal. 


ARTICLE  43. 

SALOONS. 


Section. 

1821.  License— Penalty. 

1822.  Mayor  to  Grant  License— Number 

and  Location  of. 

1823.  License — Requirements— Bond. 

1824.  License  — What  to  Contain  — How 

Transferred. 

1825.  Licenses— Term  of— Fee  for— Permits 

to  Pharmacists  — Term  of  — Fee 
for. 

1826.  License  to  be  Posted— Penalty. 

1827.  Saloon— How  to  be  Conducted  — Pen- 

alty. 


Section. 

1828.  Selling,  Etc.,  to  Habitual  Drunkard 

— Penalty. 

1829.  Selling  to  Minors— When  Authorized 

— Penalty. 

1830.  Closing  Saloon— by  Proclamation  of 

Mayor — Penalty. 

1831.  Saloons— Mayor  and  Policemen  may 

Enter— Penalty. 

1832.  Pharmacists  Selling,  Etc. — Less  than 

Gallon — Penalty. 

1833.  Licenses— How  to  be  Issued,  Etc.— 

Fee  for— To  Whom  Paid. 

1834.  Expiration  of  License — Clerk  to  Re- 

port to  Council. 


1822.  License — Penalty,]  § 1.  That  it  shall  not  be 
lawful  for  any  person  in  said  city,  either  by  himself,  herself, 
or  agent,  nor  for  any  agent,  barkeeper,  clerk,  or  servant  of 
another  person,  to  sell,  or  retail  in  any  less  quantities  than  one 
gallon,  any  spirituous,  vinous,  or  malt  liquors,  nor  keep  what  is 
termed  by  the  laws  of  this  State  a dram  shop,  without  first 
having  obtained  a license  so  to  do,  as  hereinafter  provided. 


69B 


Ordinances. 


Nor  shall  it  be  lawful  for  any  person  to  sell  any  of  said  liquors 
by  the  gallon,  or  by  any  greater  quantity,  and  suffer,  or  permit 
the  same,  or  any  portion  thereof,  to  be  drank  in,  or  about  his 
or  her  house,  store,  shop,  place  of  business,  or  premises;  but 
when  sold  by  the  gallon,  or  in  greater  quantities,  the  same 
shall  be  carried,  or  taken  away  all  at  one  time;  and  any  per- 
son violating  any  of  the  provisions  of  this  section,  whether 
principal,  agent,  barkeeper,  clerk,  or  servant  as  aforesaid, 
shall,  upon  conviction,  forfeit  and  pay  not  less  than  twenty-five 
dollars,  nor  more  than  one  hundred  dollars,  for  every  offense. 

1823.  Mayor  to  Grant  License  to — Number  and  Loca- 
tion of.]  § 2.  Subject  to  the  limitations  and  restrictions 
hereinafter  set  forth,  the  mayor  of  the  city  of  Peoria,  shall, 
from  time  to  time,  grant  licenses  for  the  keeping  of  dram  shops 
within  the  city  of  Peoria,  to  any  person  who  shall  apply  to 
him,  in  writing,  upon  such  person  furnishing  sufficient  evi- 
dence, to  satisfy  him,  that  he,  or  she,  is  a person  of  good  moral 
character,  and  upon  such  person  executing  a bond  to  the  city 
of  Peoria,  as  herein  required:  Provided,  that  no  license  for 
the  keeping  of  any  dram  shop,  shall  be  granted  to  any  person, 
or  persons,  for  the  location  of  any  dram  shop,  in  that  part  of  any 
block  in  the  city  of  Peoria,  on  which  any  religious,  educational, 
reformatory,  or  eleemosynary  institution  may  now,  or  here- 
after exist,  and  Provided,  further,  that  the  mayor  may,  in  his 
discretion,  refuse  to  grant  such  license  to  any  applicant,  and  in 
such  case  the  person  so^aggrieved  shall  have  the  right  to  pre- 
sent his  application  for  such  license,  to  the  city  council,  at  any 
regular  meeting  thereof,  and  if  the  council  shall  determine,  by 
a two-thirds  vote  of  all  the  aldermen  authorized  by  law  to  be 
elected,  that  a license  to  keep  a dram  shop  shall  issue  to  such 
applicant,  it  shall  be  the  duty  of  the  mayor,  upon  the  applicant 
complying  with  the  requirements  of  this  ordinance,  to  grant 
a license,  to  any  such  applicant  accordingly. 

1824.  License — Requirements — Bonds.  | § 3.  Subject 
to  the  provisions  of  the  preceding  section,  the  person  apply- 


Saloons. 


699 

ing  for  such  license  shall,  in  addition  to  a full  compliance  with 
all  the  other  provisions  of  this  article,  procure  the  written  con- 
sent of  a majority  in  feet  front  of  all  the  owners  of  the  real  es- 
tate in  the  block  fronting  on  the  street  or  alley  where  he  pro- 
poses to  carry  on  his  business,  and  said  applicant  shall  also 
first  give  bond  to  the  city  of  Peoria,  with  good  security  in  the 
penal  sum  of  five  hundred  dollars,  to  be  approved  by  the  mayor 
which  bond  shall  embrace  all  the  prohibitions  and  conditions 
set  forth  in  this  article,  and  the  breach  of  any  of  the  conditions 
of  said  bond  shall  work  a forfeiture  of  the  penalty  thereof,  the 
amount  of  which  shall  be  recoverable  in  an  action  of  debt;  and 
such  applicant  shall  further  give  bond  as  is  or  may  be  required 
by  the  laws  of  the  State  of  Illinois,  and  no  person  having  a 
license  to  sell  any  of  said  liquors,  or  who  is  about  to  apply  for 
such  license,  shall  be  received  as  security  on  the  bond  of  any 
other  person  required  under  this  chapter  to  give  bond. 

1825.  License — What  to  Contain — How  Transferred.] 

§ 4.  The  license  issued  under  this  article  shall  set  forth  the 
name  of  the  person  licensed,  the  place  where  said  liquors  are  pro- 
posed to  be  sold,  and  the  terms  and  conditions  upon  which  said  li- 
cense is  granted,  as  required  in  the  bond  of  the  applicant,  and 
said  license  shall  not  authorize  such  person  to  sell  any  of  said 
liquors  at  any  other,  or  different  time  or  place,  nor  upon  any 
other  terms  or  conditions  than  such  as  are  stated  therein,  and 
said  license  shall  not  be  transferred  from  one  person  to  another, 
nor  from  one  place  to  another  place  in  said  city,  unless  by 
consent  of  the  mayor,  and  upon  condition  that  the  per- 
son to  whom  the  same  is  transferred,  or  the  person  apply- 
ing for  the  transfer  from  one  place  to  another,  shall  first  com- 
ply with  all  the  requirements  of  section  three  of  this  article,  the 
same  as  though  the  license  had  been  originally  issued  to  him 
to  sell  liquors  at  a particular  place,  and  he  shall  have  such 
transfer  registered  in  the  office  of  the  city  clerk. 

1826.  Licenses — Term  of — Fee  for — Permits  to  Phar- 
macists— Term  of — Fee  for.]  § 5.  Upon  compliance  by 


7oo 


Ordinances. 


the  applicant,  with  the  foregoing  provisions  of  this  article, 
licenses  may  be  granted  to  sell  and  retail  said  liquors  in  this  city 
upon  the  following  terms  and  conditions,  to- wit:  For  the  term 
of  one  year  for  the  sum  of  five  hundred  dollars,  payable  in  ad- 
vance: Provided , permits  to  pharmacists  may  be  granted  for 
the  sale  rf  liquor  for  medicinal,  mechanical,  sacramental  and 
chemical  purposes  only,  for  the  term  of  one  year  upon  the  pay- 
ment in  advance  of  the  sum  of  twenty-five  dollars,  upon  the  filing 
of  a good  and  sufficient  bond  in  the  sum  of  five  hundred  dol- 
lars with  security,  to  be  approved  by  the  mayor. 

1827.  License  to  be  Posted — Penalty.]  § 6.  That 

every  person  who  shall  obtain  a license  under  this  article  shall 
at  all  times  keep  the  same  hung  or  posted  up  in  some  con- 
spicuous place  in  his  bar-room,  or  other  place  of  business, 
where  said  liquors  are  sold ; and  any  person  failing,  or  neglecting 
to  comply  with  this  section,  shall  forfeit  and  pay  not  less  than 
ten  dollars,  nor  more  than  twenty-five  dollars,  for  every 
offense. 

1828-  Saloon — How  to  be  Conducted — Penalty.]  § 7, 

That  any  person  who  may  obtain  a license  from  said  city  to 
sell  any  of  said  liquors,  or  to  keep  a dramshop,  shall  not  be 
permitted  to  keep  his  or  her  house,  shop  or  place,  for  the  sale 
of  said  liquors,  open  and  accessible  from  twelve  o’clock  p.  m. 
on  each  and  every  Saturday  until  five  o’clock  a.  m.  on  each 
and  every  next  succeeding  Monday,  nor  suffer  or  permit  any 
person  to  frequent  the  same  between  said  hours,  or  drink  any 
of  said  liquors,  whether  they  pay  for  the  same  or  not;  nor 
shall  any  person  licensed  to  sell  said  liquors  under  this  ordin- 
ance be  permitted  to  keep  his  house,  shop  or  place  where  he 
sells  said  liquors  open  and  accessible  between  twelve  o’clock 
p.  m.  and  five  o’clock  a.  m.  during  the  balance  of  the  week; 
nor  shall  any  person  licensed  to  sell  said  liquors,  suffer  or  per- 
mit any  gambling,  or  riotous,  disorderly,  indecent  or  offensive 
conduct  of  any  kind  whatever  to  be  practiced  in  or  about  any 


Saloons. 


701 


premises  occupied  by  him  for  the  purpose  of  selling  said  li- 
quors; nor  shall  it  be  lawful  for  any  person  so  licensed  to  sell 
or  give  away  any  of  said  liquors  to  any  minor,  without  the 
written  consent  of  his  or  her  parent  or  guardian,  nor  to  suffer 
any  minor  to  drink  any  of  said  liquors  in  or  about  his  prem- 
ises, nor  to  permit  any  minor  to  frequent,  remain  at,  be  har- 
bored about,  or  to  play  at  any  game  whatever,  in  or  about, 
any  premises,  where  he  or  she  may  be  licensed  to  sell  said 
liquors;  and  every  person  convicted  of  any  of  the  offenses 
enumerated  in  this  section  shall  forfeit  and  pay  a sum  not  ex- 
ceeding one  hundred  dollars  for  every  offense;  and  the  magis- 
trate before  whom  the  trial  may  be  had  may,  in  his  discretion, 
enter  up  as  a part  of  the  judgment  a forfeiture  of  the  license, 
and  the  person  so  convicted  shall  not  again  be  licensed  to  sell 
any  of  said  liquors. 

1829.  Selling,  Etc.,  to  Habitual  Drunkards — Penalty.] 

§ 8.  It  shall  not  be  lawful  for  any  person,  or  persons  in  said 
city,  to  sell  or  give  away  any  of  said  liquors  to  any  person  who 
is  drunk  or  intoxicated,  or  who  is  an  habitual  drunkard,  nor  to 
suffer  nor  permit  any  such  person  to  drink  any  of  said  liquors 
in  or  about  their  house,  shop,  saloon  or  premises;  and  any  per- 
son violating  this  section,  shall  forfeit  and  pay  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars,  for 
every  offense;  and  if  the  person  convicted  has  a license  from 
said  city  to  sell  said  liquors,  the  magistrate  before  whom  the 
trial  is  had  shall  enter  up  as  a part  of  the  judgment  a forfeit- 
ure of  such  license. 

1830.  Selling  to  Minors — When  Authorized — Penalty.] 

§ 9.  No  minor,  except  with  said  written  consent  required  by 
law,  nor  any  habitual  drunkard  or  intoxicated  person  shall 
drink  any  beer,  wine,  whiskey,  or  other  intoxicating  liquor  in 
Oi  about,  or  loiter,  or  remain  in  or  around,  any  saloon,  dram 
shop,  grocery,  or  other  place  within  said  city  where  intoxicat- 
ing or  malt  liquors  are  sold  or  kept  for  sale,  under  a penalty 
in  each  case  of  not  exceeding  twenty-five  dollars. 


702 


Ordinances. 


1831.  Closing  Saloon — By  Proclamation  of  Mayor — 
Penalty.]  § 10.  In  all  cases  where,  in  the  opinion  of  the 
mayor  or  city  council,  the  public  peace  is  likely  to  be  endang- 
ered by  the  keeping  open  of  such  licensed  dram  shops,  it 
shall  be  lawful  for  the  mayor  to  issue  his  proclamation  under 
the  seal  of  the  city,  commanding  and  enjoining  all  persons  so 
licensed  by  said  city,  and  their  servants  and  agents  to  close 
their  shops  and  places  of  busiuess  for  such  time  as  the  said 
mayor,  or  city  council  may  deem  necessary,  and  neither  to  sell, 
give  away,  or  suffer  to  be  drank  any  of  said  liquors  in  or  about 
their  premises  during  the  time  mentioned  in  said  proclama- 
tion; and  if  any  person  shall  disobey  said  proclamation  by 
keeping  open  such  dram  shop,  or  by  selling,  giving  away,  or 
suffering  to  be  drank,  in  or  about  his  premises,  any  of  said 
liquors,  he  or  she  shall  forfeit  and  pay  the  sum  of  one  hundred 
dollars,  and  the  magistrate  shall  enter  up  as  part  of  the  judg- 
ment a forfeiture  of  his  or  her  license. 

1832.  Saloons — Mayor  and  Policemen  May  Enter — 
Penalty.]  § n.  All  Persons  licensed  to  sell  liquors  afore- 
said, shall  be  required  to  permit  the  mayor  or  any  police  offi- 
cer of  said  city,  to  enter  their  premises  at  any  time  such 
mayor  or  officer  may  deem  proper  in  the  discharge  of  any 
duty  imposed  upon  them  by  the  laws  of  the  State,  or  the  ordi- 
nances of  said  city;  and  if  any  person  licensed  to  sell  liquors 
as  aforesaid  shall  refuse  to  permit  the  mayor  or  any  police  offi- 
cer to  enter  upon  his  or  her  premises  as  aforesaid,  he  or  she 
shall,  on  conviction,  forfeit  and  pay  not  less  than  twenty-five 
dollars,  nor  more  than  one  hundred  dollars,  for  every  offense. 

1833  Pharmacist  Selling,  Etc. — Less  than  Gallon — 
Penalty,]  § 12.  Any  pharmacist  obtaining  a permit  for  the 
sale  of  liquors  for  medicinal,  mechanical,  sacramental  and 
chemical  purposes  only,  who  shall  sell  or  give  away  spirituous, 
vinous  or  malt  liquors  in  any  less  quantity  than  one  gallon 


Scavenger. 


703 


for  other  than  the  purposes  above  stated,  shall,  upon  convic- 
tion, forfeit  and  pay  for  each  offense  not  less  than  twenty-five 
dollars,  nor  more  than  one  hundred  dollars. 

1834.  Licenses — How  to  be  Issued,  Etc. — Fee  for — To 

Whom  Paid.  | § 13.  All  licenses  granted  under  the  pro- 

visions of  this  article  shall  be  signed  by  the  mayor,  attested 
under  the  seal  of  the  city  by  the  city  clerk,  and  countersigned 
by  the  city  comptroller,  and  no  such  license  shall  become 
operative  that  shall  be  issued  in  any  other  manner.  The  fee 
for  such  licenses  shall  be  payable  to  the  city  clerk. 

1835.  Expiration  of  License — Clerk  to  Report.]  § 14. 

It  shall  be  the  duty  of  the  clerk  to  report  to  each  regular 
meeting  of  the  city  council  the  names  of  all  persons  whose 
licenses  have  expired. 

ARTICLE  44. 

SCAVENGER. 


Section. 

1836.  Scavenger  Must  be  Licensed. 

1837.  License  Fee— Bond. 

1838.  Removal  of  Night  Soil— Penalty. 

1839.  Permit  to  Remove  Night  Soil — Pen- 

alty. 

1840.  Permit — Contents  of. 

1841.  Scavenger  to  Make  Report — Penalty. 

1842.  Time  of  Opening  Vaults— Removing 

Contents— Penalty. 

1843.  Signs  on  Scavenger  Wagons. 

1844.  Night  Scavengers— Compensation. 


Section. 

1845.  Offensive  Vault— Notice  to  Owner- 

Work  Done  by  City  — Expense, 
How  Paid — Penalty. 

1846.  Penalty. 

1847.  Removal  of  Garbage,  Etc.  — Day 

Scavengers— How  Employed. 

1848.  Day  Scavenger-  Must  Have  License 

—Fee  for. 

1849.  Bond  to  be  Given. 

1850.  Violation  of  Ordinances,  and  Regula- 

tions by — Penalty. 


1836-  Scavenger — Must  be  Licensed.]  § 1.  The 

mayor  of  the  city  shall,  from  time  to  time,  grant  licenses  to 
any  person,  company,  or  corporation,  to  engage  in  the  busi- 
ness of  emptying,  cleaning,  or  removing  the  contents  of  privy 
vaults,  cesspool  or  sink,  and  every  such  person,  company,  or 
corporation,  engaged  in  such  business,  shall  be  deemed  a night 
scavenger  within  the  meaning  of  this  article. 


704 


Ordinances. 


1837.  License  Fee — Bond  ] § 2.  Every  person,  com- 

pany or  corporation,  applying  for  such  license,  shall,  before 
the  same  issues,  pay  to  the  city  clerk,  the  sum  of  five  dollars 
per  annum,  for  each  and  every  wagon  used  by  such  person 
for  scavenger  work,  and  execute  a bond,  with  not  less  than 
two  sureties,  to  be  approved  by  the  mayor,  conditioned  that 
said  scavenger  will  comply  with  the  provisions  of  this  article, 
and  the  ordinances  of  the  city  which  now  < xist  or  may  here- 
after be  passed  by  the  city  council,  touching  said  occupation, 
and  will  also  comply  with  and  obey  the  directions  and  regula- 
tions of  the  commissioner  of  health  of  the  city,  made  in  pur- 
suance of  law. 

1838.  Removal  of  Night  Soil — Penalty.]  § 3.  No  per- 
son, company,  or  corporation,  within  the  city  of  Peoria,  shall 
empty,  clean,  or  remove  the  contents  of  any  privy  vault,  cess- 
pool or  sink,  or  engage  in  the  business  of  night  scavenger, 
without  having  first  obtained  a license  so  to  do.  Any  person 
violating  the  foregoing  provisions  of  this  section,  shall,  upon 
conviction,  forfeit  and  pay  not  less  than  five  dollars,  nor  more 
than  twenty-five  dollars,  for  each  offense:  Provided , that  the 
owners,  occupants,  or  agents  of  any  premises  upon  which 
vaults  are  located  within  the  city  limits,  desiring  to  clean  and 
remove  the  contents  thereof  themselves,  without  the  aid  of 
night  scavengers,  may  be  allowed  to  do  so  upon  the  written 
permission  of  the  health  commissioner,  and  then  only  in  the 
manner  directed  in  such  permit. 

1839.  Permit  to  Remove  Night  Soil.]  § 4.  No  per- 
son, company  or  corporation  within  the  city  of  Peoria,  shall 
remove  or  cause  to  be  removed  the  contents  of  any  privy 
vault,  cesspool  or  sink,  without  first  having  obtained  a permit 
from  the  health  commissioner.  Any  person,  company  or  cor- 
poration violating  this  provision,  shall,  upon  conviction,  be 
subject  to  a penalty  of  not  less  than  five  dollars,  nor  more  than 
twenty-five  dollars,  for  each  offense. 


Scavenger. 


705 


1840.  Permit — Contents  of.]  § 5.  Every  such  permit 
shall  give  the  name  of  the  scavenger,  describe  the  premises 
where  the  work  is  to  be  done,  designate  the  hour  when  such 
work  may  be  commenced,  and  when  (if  not  finished)  it  shall 
be  suspended,  and  state  where  the  contents  thereof  shall  be 
deposited. 

1841.  Scavenger  to  Make  Report — Penalty.]  § 6. 

Every  scavenger  shall  make  return  to  the  commissioner  of 
health,  of  every  permit  issued  to  him,  within  two  days  after 
the  work  shall  have  been  performed,  certifying  to  the  number 
of  yards,  or  loads  removed  from  the  vault,  or  vaults,  desig- 
nated in  such  permit,  and  the  place  where  the  same  was  de- 
posited. Every  person  violating  the  provisions  of  this  section, 
shall,  upon  conviction,  be  subject  to  a penalty  of  not  to  exceed 
ten  dollars  for  each  violation  thereof. 

1842.  Time  of  Opening  Vaults — Removing  of  Contents 
— Penalty.  § 7.  No  privy  vault,  cess  pool,  or  sink,  shall  be 
opened,  nor  the  contents  thereof  disturbed,  or  removed,  be- 
tween the  hours  of  five  o’clock  a.  m.  and  ten  o’clock  p.  m.,  of 
any  day,  nor  shall  such  contents  be  deposited,  or  buried  within 
the  city,  except  upon  the  written  permission  of  the  health  com- 
missioner of  the  city,  and  in  such  manner  and  place  as  he  shall 
therein  direct.  Any  person,  company,  or  corporation,  en- 
gaged in  such  business,  who  shall  violate  the  directions  of  the 
health  commissioner,  contained  in  any  such  permit,  shall  im- 
mediately forfeit  their  license,  and  shall  also  be  subject,  upon 
conviction,  to  a penalty  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars. 

1843.  Signs  on  Scavenger  Wagons.  ] §8.  Scavengers, 
who  engage  in  the  business  of  removing  the  contents  of  privy 
vaults,  cess  pools,  or  sinks,  shall  cause  to  be  painted  upon  the 
sides  of  their  wagon  box,  used  in  such  business,  the  words, 
“Licensed  Scavenger,”  and  immediately  beneath  such  words 
shall  be  painted  the  number  of  their  license.  Such  words  and 

46 


7o  6 


Ordinances. 


figures  shall  be  painted  on  all  such  wagon  boxes,  in  large  let- 
ters and  figures,  and  in  such  manner  as  to  render  them  most 
conspicuous,  and  the  number  to  be  used  shall  be  given  in  the 
license. 

1844,  Night  Scavengers — Compensation.]  § 9.  Night 
scavengers  shall  be  allowed  to  charge  and  receive,  for  each 
load  of  night  soil,  of  not  less  than  twenty-seven  cubic  feet  so 
by  any  such  scavenger  taken  and  removed  from  any  privy 
vault,  cess  pool,  or  sink,  a sum  not  exceeding  three  dollars. 

1845-  Offensive  Vault — Notice  to  Owner — Work  Done 
by  City — Expense  How  Paid — Penalty.]  § 10.  When- 
ever, in  the  opinion  of  the  health  commissioner,  any  privy 
vault,  cess  pool,  or  sink,  shall  be  offensive  and  need  cleaning, 
it  shall  be  his  duty  to  notify  the  owner,  agent  or  occupant  of 
the  premises  to  which  any  such  vault  belongs,  to  cleanse  the 
same  within  the  time,  and  in  the  manner  set  forth  in  said 
notice,  and  unless  the  person  so  notified  shall  comply  within 
the  time  and  in  the  manner  mentioned  in  said  notice,  it  shall 
be  the  duty  of  said  officer  to  cause  said  vault  to  be  cleaned  by 
one  or  more  of  the  city  scavengers  aforesaid,  and  any  person 
so  failing  to  comply  with  such  notice,  shall,  on  conviction,  be 
subject  to  a fine  of  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars,  for  each  offense,  and  in  addition  thereto,  shall  be 
liable  to  the  city  for  the  expenses  of  such  cleaning. 

1846-  Penalty.]  § 11.  Any  person  who  shall  engage 
in  business  as  night  scavenger,  or  who  shall  undertake  to  re- 
move the  contents  of  any  privy  vault,  cess  pool  or  sink,  within 
the  city,  without  a license,  or  permit,  as  aforesaid,  shall  on 
couviction  thereof,  be  subject  to  a penalty  of  not  less  than 
ten  dollars,  nor  more  than  fifty  dollars,  for  each  offense,  and 
any  night  scavenger  as  aforesaid,  and  any  owner,  agent  or  oc- 
cupant, as  aforesaid,  acting  under  license  or  permit,  as  afore- 
said, who  shall  refuse,  or  fail  to  comply  with  any  order,  or 
direction  of  the  health  commissioner,  or  who  shall  violate  any 


Scavenger. 


707 


of  the  provisions  of  this  article,  where  no  other  penalty  is  pre- 
scribed, shall,  on  conviction,  be  subject  to  a penalty  of  not  less 
than  five  dollars,  nor  more  than  fifty  dollars,  for  each  offense, 
and  any  scavenger  aforesaid  shall,  also,  at  the  discretion  of 
the  mayor  of  the  city,  forfeit  his  license. 

1847.  Removal  of  Garbage,  Etc. — Day  Scavengers — 
How  Employed.]  § 12.  The  city  council  may,  from  time 
to  time,  authorize  the  health  commissioner  to  employ  such  num- 
ber of  suitable  persons  as  they  may  deem  necessary,  and  upon 
such  terms,  and  with  such  appliances  and  conveyances  as  they 
shall  deem  proper  and  suitable  for  the  removal  of  garbage, 
offal,  swill,  ashes,  etc.,  and  every  person  so  employed  shall  be 
deemed  a day  scavenger. 

1848  Day  Scavenger — Must  Have  License — Fee  for.] 

§13.  No  person  shall  engage  in  the  business,  or  employment 
of  day  scavenger,  as  aforesaid,  without  first  having  obtained  a 
license  so  to  do.  And  the  mayor  shall,  from  time  to  time, 
grant  licenses  therefor,  to  any  suitable  person  or  persons,  upon 
payment  to  the  city  clerk,  by  the  applicant,  of  a fee  of  five  dol- 
lars for  each  and  every  wagon,  or  other  means  of  conveyance, 
used  bv  such  person  for  scavenger  work. 

1849.  Bond  to  be  Given.]  § 14.  The  person  so  licensed 
shall  also  file  a bond,  with  two  or  more  sureties,  to  be  ap- 
proved by  the  mayor,  conditioned  that  he  will  conduct  said 
business  in  a manner  at  all  times  subject  to  the  rules  and  regu- 
lations of  the  health  department  and  the  ordinances  of  the  city. 

1850-  Violation  of  Ordinances  and  Regulations  by — 
Penalty.]  § 15.  Every  person  so  licensed  as  day  scavenger, 
as  aforesaid,  who  shall,  in  the  conduct  of  such  business,  violate 
any  of  the  ordinances  of  the  health  department,  or  who  shall,  in 
the  conduct  of  such  business,  refuse,  or  fail  to  comply  with  the 
rules  and  regulations  of  said  department,  or  who  shall  violate  any 
ordinance  of  the  city  where  applicable,  shall,  for  each  offense 


708 


Ordinances. 


be  subject  to*  a penalty  of  not  less  than  five  dollars,  nor  more 
than  fifty  dollars,  for  each  offense,  and  upon  conviction  his  li- 
cense may  be  forfeited,  in  the  discretion  of  the  mayor. 

ARTICLE  45. 

SEAL. 


Section/  Section. 

1851.  Description,  Etc.,  of.  1853.  Custody— Use  of. 

1852.  Fac  Simile  of  Seal. 


1851.  Description,  Etc.,  of.]  § i.  That  a seal  in  a cir- 
cular form,  with  the  words  “ City  of  Peoria,  Illinois,”  on  the 
outer  circle,  and  in  the  interior  and  center  of  said  circle  the 
words  “Chartered  A.  D.,  1845,”  shall.be  the  seal  of  the  city 
of  Peoria,  to  be  used  in  all  cases  that  have  been,  or  shall  here- 
after be  provided  by  the  laws  of  the  United  States,  the  laws  of 
the  several  respective  States  of  the  United  States,  and  the  or- 
dinances of  the  said  city  of  Peoria,  and  in  all  the  cases  in  which, 
by  the  laws  and  customs  of  nations,  it  is  necessary  to  use  a seal 
by  a corporation. 

1852-  Fac  Simile  of  Seal.]  § 2. 


1853-  Custody — Use  of.]  § 3.  The  city  seal  shall  be 
and  remain  in  the  custody  of  the  clerk  of  said  city,  to  be  used  by 
the  clerk  and  the  mayor  of  said  city,  as  is  provided  in  the  pre- 
ceding section  of  this  article. 


Second  Hand  Dealers. 


709 


ARTICLE  46. 

SECOND  HAND  DEALERS  AND  KEEPERS  OF  JUNK  SHOPS. 


Section. 

1854.  Second-Hand  Dealers— License  Re- 

quired. 

1855.  License— How  Granted — Fee. 

1856.  Bond. 

1857.  Record  of  Purchases— Penalty. 

1858.  Minors— Purchase  from  Prohibited— 

Penalty. 

1859.  Pawnbroker’s  License  Not  to  Issue  to 

1860.  License  Revocable. 

1861.  Junk  Dealers  Must  Have  a License- 

Place  of  Business. 


Section. 

1862.  License — How  Granted — Fee. 

1863.  Bond — Purchase  by. 

1864.  Prohibited — When. 

1865.  Record  of  Purchases. 

1866.  Minors— Purchase  from  Prohibited— 

Hours  of  Business. 

1867.  Removals  of  Place  of  Business. 

1868.  License  Not  Transferable. 

1869.  Penalty. 


1854.  Second-Hand  Dealers — License  Required.]  § 1. 

No  person  shall  use,  exercise  or  carry  on  the  trade  or  business 
of  a dealer  in  second-hand  furniture,  household  goods,  or  other 
articles  without  being  first  specially  licensed  for  such  business, 
nor  shall  any  person  so  licensed  as  aforesaid,  carry  on  any 
such  trade  or  business  at  any  other  place  within  the  city  than 
at  the  place  designated  in  such  license. 

1855.  License — How  Granted — Fee.]  § 2.  The  mayor 
shall  from  time  to  time,  grant  licenses  to  such  persons  as  shall 
produce  to  him  satisfactory  evidence  of  good  character,  to  ex- 
ercise or  carry  on  the  business  of  dealing  in  the  purchase  and 
sale  of  second-hand  furniture,  clothes,  or  other  articles,  upon 
payment  by  the  person  licensed  to  the  city  clerk,  of  a license 
fee  of  twenty-live  dollars,  and  all  licenses  granted  under  the 
provisions  of  this  section  shall  be  for  the  term  of  one  year 
only. 

1856-  Bond.]  § 3.  Every  person  making  application 
for  such  a license,  shall,  before  the  same  is  granted,  enter  into 
a bond  with  the  city  of  Peoria,  in  the  sum  of  five  hundred 
dollars,  with  two  or  more  sureties,  to  be  approved  by  the 
mayor,  conditioned  for  the  due  observance  of  all  ordinances  of 
the  city  of  Peoria,  that  may  be  in  force,  or  passed,  respecting 
dealers  in  second-hand  articles  during  the  period  for  which 
said  license  is  granted. 


Ordinances. 


710 

1857.  Record  of  Purchases — Penalty.]  § 4.  Every 
such  dealer  shall  keep  a book  in  which  shall  be  entered  and 
kept  in  the  English  language  a record  of  the  purchases  of  any 
article,  or  thing,  in  the  way  of  his  or  her  business,  the  date  of 
the  purchase,  an  accurate  description  of  the  article,  the  price 
paid  therefor,  and  the  name  and  place  of  residence  of  the  per- 
son, or  persons,  from  whom  such  purchase  was  made,  and 
such  book,  or  record,  shall  at  all  reasonable  times  be  open  to 
inspection  to  the  mayor  and  to  any  member  of  the  police  force, 
of  said  city.  And  every  such  dealer  purchasing  any  article,  or 
thing,  from  any  person,  or  persons,  without  first  having  ob- 
tained the  name  and  place  of  residence  of  any  such  person,  or 
persons,  shall,  for  each  and  every  offense,  be  subject  to  a pen- 
alty of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars,  and  in  addition  to  such  penalty  his,  or  her,  license  may 
be  revoked,  in  the  discretion  of  the  mayor. 

1858.  Minors — Purchase  From  Prohibited — Penalty.] 

§ 5.  It  shall  not  be  lawful  for  any  person  having  a license 
from  said  city  to  keep  a second-hand  store,  to  purchase  or 
receive  from  minors  without  the  written  consent  of  their 
parents,  or  guardians,  any  article  of  property  whatever;  and 
any  person  violating  this  section  shall  forfeit  and  pay  not  less 
than  twenty-five  dollars,  nor  more  than  one  hundred  dollars, 
for  every  offense;  and  the  magistrate  before  whom  the  trial  is 
had,  may,  in  his  discretion,  enter  up,  as  a part  of  the  judgment, 
the  forfeiture  of  the  license. 

1859.  Pawnbrokers — License  Not  to  Issue  to.]  § 6. 

No  person  so  licensed  as  aforesaid,  shall,  during  his  license  as 
a dealer  in  second-hand  articles,  receive  or  hold  a license  to 
carry  on  the  business  of  pawnbroker,  or  a keeper  of  a junk 
shop;  and  no  keeper  of  a junk  shop  shall,  during  his  license 
as  such,  receive,  or  hold,  a license  to  carry  on  the  business  of 
dealer  in  second-hand  articles,  or  as  a pawnbroker. 

1860.  License  Revocable.]  § 7.  Every  license  granted 
or  to  be  granted  to  any  dealer  in  second-hand  articles,  or 


Second  Hand  Dealers. 


711 

keeper  of  a junk  shop,  may  be  revoked  by  the  mayor  on  sat- 
isfactory cause  appearing  to  him  for  so  doing. 

1861-  Junk  Dealers — Must  Have  License — Place  of 
Business.]  § 8.  No  person  shall  use,  exercise,  or  carry  on 
the  business  of  a keeper  of  a junk  shop,  or  what  is  commonly 
called  a junk  shop,  for  the  purchase  and  sale  of  junk,  rags  or 
old  rope,  paper  or  bagging,  old  iron,  brass,  copper,  tin,  slush 
or  lead,  without  being  first  specially  licensed  for  such  purpose; 
nor  shall  any  person,  or  persons  so  licensed  as  aforesaid,  carry 
on  any  such  business,  at  any  other  house  or  place,  than  at  the 
place  designated  in  such  license. 

1862.  License — How  Granted — Fee.]  §9.  The  mayor 
shall,  from  time  to  time,  grant  licenses  to  such  persons  as  he 
may  deem  proper,  to  keep  what  are  commonly  called  junk 
shops,  for  the  purchase  and  sale  of  junk,  rags  or  old  rope, 
paper  or  bagging,  old  iron,  brass,  copper,  tin,  slush  or  lead, 
upon  payment  by  the  person  licensed,  to  the  city  clerk,  of  a 
license  fee  of  twenty-five  dollars,  which  said  license  shall  be 
granted  for  the  term  of  one  year  only. 

1863*  Bond.]  10.  Every  person  making  application  for 
such  a license,  shall,  before  the  same  is  granted,  give  bond  in 
like  manner,  in  like  amount,  upon  the  same  terms  and  condi- 
tions as  is  required  of  second-hand  dealers,  under  section  3,  of 
this  article. 

1864.  Purchases  by — Prohibited — When.  ] § 11.  No 

keeper  of  a junk  shop  shall  purchase  from  any  one  except 
from  plumbers  and  peddlers,  holding  licenses  as  such  from  the 
city  of  Peoria,  or  from  the  owners  of  the  buildings  from  which 
the  material  is  taken,  any  lead  pipe,  faucets,  boilers  or  other 
plumbing  material. 

1865.  Record  of  Purchases.]  § 12.  Every  keeper  of 
a junk  shop  shall  provide  and  keep  a book,  in  which  shall  be 
entered  in  the  English  language  at  the  time  of  the  purchase, 


712 


Ordinances 


a description  of  the  article  so  purchased,  and  the  name  and 
place  of  residence  of  the  person  from  whom  such  purchase  was 
made.  Every  such  book  shall,  at  all  reasonable  times,  be  open 
to  inspection  of  the  mayor,  and  to  any  member  of  the  police 
force.  And  every  such  dealer  purchasing  any  article  or  thing 
from  any  person,  without  first  having  obtained  their  name  and 
place  of  residence,  shall,  for  each  and  every  offense,  be  sub- 
ject to  a penalty  of  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars.  And  in  addition  to  such  penalty,  the 
mayor  may  revoke  the  license  of  any  person  convicted  of  a 
violation  of  this  section : Provided , however,  that  the  require- 
ments of  this  section  shall  not  extend  to  purchases  of  old  rags, 
and  waste  paper,  by  any  such  dealers. 

1866.  Minors — Purchase  from  Prohibited — Hours  of 
Business.]  § 13.  No  keeper  of  any  junk  shop,  or  the 
agent,  clerk,  or  servant  of  such  keeper,  shall  purchase  any 
article,  goods,  or  thing  whatsoever,  except  old  rags  and  waste 
paper,  of  any  minor.  And  no  keeper  of  any  junk  shop  shall 
purchase,  in  the  way  of  his  or  her  business,  any  goods,  article, 
or  thing  whatsoever,  from  any  person,  or  persons,  whomso- 
ever, between  the  hours  of  9 o’clock  p.  m.  and  7 o’clock  a. 
m.  of  any  day. 

1867.  Removal  of  Place  of  Business.]  § 14.  In  case 
any  person  so  licensed,  as  aforesaid,  either  as  a dealer  in  sec- 
ond hand  articles,  or  as  keeper  of  a junk  shop,  shall  move  his 
or  her  store,  or  place  of  business,  from  the  place  designated 
in  said  license,  he,  or  she,  shall,  immediately  thereupon,  give 
notice  to  the  mayor  of  such  removal,  and  the  number  of  his, 
or  her,  place  of  business  shall  thereupon  be  changed  by  the 
city  clerk,  to  correspond  to  such  place  of  removal. 

1868  License — Not  Transferable.]  § 15.  No  license 
granted  under  the  provisions  of  any  section  of  this  article, 
shall  be  transferable,  nor  shall  it  be  held,  or  construed  to 


Sewers  and  Drains. 


7i3 


authorize  the  conduct  of  the  business  of  second  hand  dealers, 
or  keepers  of  junk  shops,  in  any  other  manner  than  is  pre- 
scribed in  these  ordinances. 

1869.  Penalty.]  § 16.  Whoever  shall  violate  any  of 
the  provisions  of  this  article,  where  no  other  penalty  is  pro- 
vided, shall,  upon  conviction,  be  subject  to  a penalty  of  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars,  for 
each  offense. 


ARTICLE  47. 


SEWERS  AND  DRAINS. 


Section.  Section. 

1870.  Steam  Discharge  into  Sewer— Pro-  1874.  Police— Duty  in  Enforcement  of  Or- 

hibited  dinances. 

1871.  Kitchen  Slops — Water  Closets — Water  1875.  Excavation  Around  Sewer — Permit — 

Supply.  Penalty. 

1872.  Butchers’  Offal — Garbage,  Etc.— In-  1876.  Penalty. 

jury  to  Sewer  or  Drain — Penalty. 

'1873.  Street  Cleaning — Gutters  to  be  Freed 
— Notice  to  Contractors. 


1870.  Steam — Discharge  Into  Sewer — Prohibited.]  § i. 

No  connection  with,  or  opening  into  any  sewer,  or  drain  of 
the  city  of  Peoria,  shall  be  permitted  for  the  conveyance  or 
discharge  into  said  sewer  or  drain,  of  steam  from  any  steam 
boiler,  or  engine,  or  from  any  manufactory,  or  building,  in 
which  steam  is  either  generated  or  used. 

1871.  Kitchen  Slops — Water  Closets — Water  Supply.] 

§ 2.  All  connections  with  any  of  the  sewers  or  drains,  used 
for  the  purpose  of  carrying  off  animal  refuse  from  water 
closets,  or  otherwise,  and  slops  of  kitchens,  shall  have  fixtures 
for  a sufficiency  of  water,  to  be  so  applied  as  to  properly 
carry  off  all  such  matter. 

1872.  Butchers’  Offal — Garbage,  Etc. — Injury  to  Sewer 
or  Drain. — Penalty]  § 3.  No  butchers’  offal,  or  garbage, 
dead  animals,  or  other  obstructions  of  any  kind  whatsoever, 


Ordinances. 


7H 

shall  be  placed,  thrown,  or  deposited  in  any  receiving  basin,  or 
manhole  of  any  sewer,  or  drain,  any  person  injuring,  breaking, 
or  removing  any  portion  of  any  such  receiving  basin,  manhole, 
covering  flag,  vent,  or  any  part  of  any  sewer  or  drain,  or  in 
any  manner  obstructing  the  mouth  or  outlet  of  any  sewer  or 
drain,  shall,  upon  conviction,  be  subject  to  a penalty  of  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars,  for 
each  offense. 

1873.  Street  Cleaning — Gutters  to  be  Freed — Notice 
to  Contractors.]  $ 4.  It  shall  be  the  duty  of  any  person, 
firm  or  corporation,  having  charge  of  the  sweeping  and  clean- 
ing of  the  streets  of  the  city,  to  see  that  the  gutters  are 
thoroughly  cleaned  and  scraped  out,  in  order  that  no  refuse,  or 
other  obstruction  be  thereby  carried  into  any  of  the  receiving 
basins,  of  any  of  said  sewers  or  drains.  Any  and  every  person, 
firm,  or  corporation  hereafter  contracting  with  the  city  of 
Peoria,  for  the  cleaning,  or  sweeping  of  any  of  its  said 
streets,  shall  be  held  to  have  contracted  and  agreed  to  the  re- 
quirements of  this  section  of  these  ordinances,  whether  such 
requirement  is  set  forth  in  the  contract  or  not. 

1874.  Police — Duty  in  Enforcement  of  Ordinance.]  §5. 

It  is  hereby  made  the  duty  of  the  police  patrolmen  of  the  city, 
or  any  other  member,  or  officer  of  the  police  department,  to 
be  vigilant  in  the  enforcement  of  the  provisions  of  this  article, 
and  to  at  once  report  any  violations  thereof  to  the  commis- 
sioner of  public  works.  And  any  member  of  the  police  de- 
partment, shiill,  on  observing,  or  on  being  informed  of  the  vio- 
lation of  any  of  the  provisions  of  this  article,  by  any  person,  or 
persons,  at  once  report  such  act  to  the  commissioner  of  public 
works.  And  it  is  hereby  made  the  further  duty  of  any  mem- 
ber of  said  police  department,  on  being  informed,  or  upon  ob- 
serving any  person,  or  persons,  making  any  opening,  or  exca- 
vation, in  any  of  the  public  streets,  alleys,  or  other  public 
grounds  of  the  city,  to  require  such  person,  or  persons  to  ex- 


Sewers  and  Drains. 


715 


hibit  his,  or  their  authority,  or  permission,  so  to  do,  and  if 
none  has  been  obtained  from  the  proper  officer,  by  the  person, 
or  persons,  making  such  opening,  or  excavation,  or  if  such 
person,  or  persons,  shall  refuse  to  exhibit  his,  or  their  author- 
ity, or  permit,  such  officer  shall  immediately  report  the  same 
to  the  commissioner  of  public  works. 

1875.  Excavation  Around  Sewer — Permit — Penalty.] 

§ 6.  Any  person  who  shall  uncover,  or  excavate  under,  or 
around  any  of  the  brick  or  pipe  sewers  of  the  city,  for  any 
purpose  whatever,  without  first  having  the  written  author- 
ity so  to  do,  of  the  commissioner  of  public  works,  or  other 
proper  officer,  or  department  of  the  city,  authorized  by  law  to 
grant  such  permits,  shall,  upon  conviction,  be  subject  to  a pen- 
alty of  not  less  than  five  dollars,  nor  more  than  one  hundred 
dollars,  for  each  offense,  which  said  penalty  shall  be  recover- 
able against  the  person,  or  persons,  or  their  employes,  so  un- 
covering, or  excavating  under,  or  around,  said  sewers  or 
drains,  as  aforesaid. 

1876.  Penalty  ] § 7.  Whoever  shall  violate  any  of  the 

provisions  of  this  article,  where  no  other  penalty  is  provided, 
shall,  upon  conviction,  be  subject  to  a penalty  of  not  less  than 
five  dollars,  nor  more  than  fifty  dollars,  for  each  offense. 


7i  6 


Ordinances. 


ARTICLE  48. 

SIDEWALKS. 


Section. 

1877.  Sidewalks — Width  of. 

1878.  Built  Under  Supervision  of  Engineer 

—When  Engineer  to  Give  Grade 
— Penalty. 

1879.  How  to  be  Built. 

1880.  Plank  Walks— How  Built. 

1881.  Appertures  or  Openings  in— Penalty. 

1882.  Steps,  Platform  or  Fixtures,  etc.— 

Prohibited— Penalty. 

1883.  Dangerous  Walk  to  be  Removed. 

1884.  Sidewalks— Use  of  Space  Beneath. 

1885.  Permits — Contents  of— Revocation. 

1886.  Space  not  Allowed — Where — Fee. 

1887.  Use  Without  Permit— Penalty. 

1888.  Use  of  Space  Under  Sidewalk  for— 

Prohibited. 

1889.  Open  Grating,  Vault  or  Cellar  Door- 

Penalty. 

1890.  Receiving  or  Delivering  Merchandise 

Penalty. 


Section. 

1891.  Sidewalks — Curbing — Gutters — Ini  urv 

to— Penalty. 

1892.  Injury  to— by  Riding  or  Driving 

Upon,  etc.— Penalty. 

1893.  Obstructions— Coal,  Fire  Wood,  etc  — 

Penalty. 

1894.  Public  Auctions. in— Obstruction  of— 

Penalty. 

1895.  Obstruction  of,  by  Persons  Standing 

or  Sitting  on— Penalty. 

1896.  Awnings,  How  to  be  Suspended — Ob" 

struction  by— Penalty. 

1897.  Conducting  Water  from  Building  on 

—Penalty. 

1898.  Signs  and  Fixtures  in— Penalty. 

1899.  Hitching  Posts  in— Penalty. 

1900.  Bicycle  Riding,  etc.,  on — Where  Pro- 

hibited —Penalty. 

1901.  Removal  of  Obstructions. 


1877.  Sidewalks — Width  of.]  § 1.  That  on  each  and 
every  street  in  said  city  unless  otherwise  ordered  by  the  city 
council  there  shall  be  a sidewalk  on  each  side  of  the  same,  of 
the  following  widths,  to-wit:  On  streets  that  are  one  hun- 
dred feet  in  width,  there  shall  be  a sidewalk  on  each  side  of 
the  same,  fifteen  feet  in  width;  on  streets  that  are  eighty  feet 
in  width  there  shall  be  a sidewalk  on  each  side  of  the  same, 
twelve  feet  in  width;  on  streets  that  are  sixty-six  feet  in  width 
there  shall  be  a sidewalk  on  each  side  of  the  same  ten  feet  in 
width,  and  all  streets  of  other  widths  than  those  herein  stated 
shall  have  sidewalks  on  each  side  of  the  same,  of  like  width, 
in  proportion  to  the  width  of  said  streets,  that  sidewalks  of 
fifteen  feet  in  width,  have  to  streets  one  hundred  feet  in  width: 
Provided , however , that  on  improved  or  paved  streets,  in  the 
parts  thereof  devoted  to  business,  sidewalks  may  be  laid  from 
sixteen  to  twenty  feet  in  width,  according  to  the  varying 
width  of  the  street  and  street  pavement;  and  that  in  particular 


Sidewalks. 


717 


cases  the  width  of  any  sidewalk  may  be  varied  from,  under 
the  direction  and  by  the  consent  of  the  commissioner  of  public 
works;  and,  also,  that  the  sidewalks  on  Water  street,  in  Peoria 
proper,  opposite  blocks  one,  two,  three  and  eighteen,  shall  be 
twenty  feet  wide. 

1878.  To  be  Built  Under  the  Supervision  of  Engin- 
eer— When  Engineer  to  Give  Grade.]  § 2.  The  whole 
work  of  grading  and  laying  down  said  sidewalks,  whether 
done  by  the  city,  or  by  the  owners  of  the  respective  lots  or 
parcels  of  land  abutting  upon  the  street,  shall  be  done  under 
the  supervision  and  subject  to  the  approval  of  the  city  engin- 
eer. The  city  council  shall  establish  the  grades  for  all  side- 
walks, and  the  same  shall  conform,  as  nearly  as  may  be,  to 
the  grades  of  their  respective  streets.  Where  no  permanent 
grade  is  established,  the  city  engineer  may  give  a temporary 
grade;  and  he  shall,  when  requested  by  any  person  desiring 
to  build  a sidewalk,  stake  out  the  grade  thereof  without 
charge  to  such  person;  and  no  person  shall  construct,  or  lay,  or 
caused  to  be  constructed,  or  laid,  any  sidewalk  where  no  grade 
has  been  established  by  the  city  council,  without  first  having 
obtained  a grade  therefor  from  the  city  engineer,  or  contrary  to 
any  grade  given  by  said  engineer;  nor  shall  construct,  or  cause 
to  be  constructed,  any  sidewalk  contrary  to  any  grade  which 
may  have  been,  or  may  hereafter  be  established  by  the  city 
council;  and  no  part  of  any  sidewalk  shall  be  taken  for  private 
use  by  lowering  or  cutting  down  the  same  next  to  the  building 
fronting  thereon ; or  by  railing  off  the  same  by  any  iron,  or  other 
railing,  or  otherwise  shutting  off  the  public  from  using  the 
same,  but  said  sidewalk  shall  be  built  clear  up  to  the  lot  line 
on  a uniform  grade,  as  hereinbefore  provided.  Whoever  shall 
violate  any  of  the  provisions  of  this  or  the  preceding  sections, 
shall  be  subject  to  a penalty  of  five  dollars  for  the  first  of- 
fense, and  to  an  additional  penalty  of  one  dollar  for  each  day 
after  the  first  conviction,  that  he  shall  continue  such  violation 


7i8 


Ordinances. 


1879-  Howto  be  Built.]  § 3.  All  sidewalks  shall  have 
an  incline,  toward  the  gutter  of  the  street,  of  one  inch  in  two 
feet,  and  those  constructed  of  brick  shall  be  paved  the  full 
width  thereof  with  good,  hard  brick,  and  there  shall  be  not 
less  than  six  inches  of  sand  under  and  next  .to  the  brick,  and 
the  brick  shall  be  at  least  three-quarters  of  an  inch  above  the 
curbing  when  the  walk  is  completed. 

1880.  Plank  Walks — How  Built.]  § 4.  That  all  plank 
sidewalks  built  in  said  city  shall  be  constructed  in  the  following 
manner  to-wit:  The  planked  walk  to  be  at  least  four  feet  wide, 
and  the  planks  to  be  not  less  than  one  nor  more  than  two 
inches  thick,  but  of  uniform  thickness  on  the  same  block;  and 
when  one-inch  planks  are  used,  they  shall  not  be  more  than 
six  inches  wide,  and  when  two-inch  planks  are  used  they  shall 
not  be  more  than  ten  inches  wide;  there  shall  be  three  sleepers 
under  the  planks,  of  two  by  four-inch  scantling,  set  on  edge, 
twenty  inches  from  center  to  center,  and  running  parallel  with 
the  street,  and  the  planks  shall  be  laid  crosswise,  and  shall  be 
well  and  securely  spiked  to  the  sleepers;  and  any  person  desir- 
ous of  planking  the  sidewalks  in  front  of  their  lots  or  premises 
in  said  city,  at  their  own  expense,  are  hereby  permitted  to  do 
so:  Provided , that  such  premises  are  situated  outside  of  the 
fire  limits:  And , -provided , further , that  all  such  plank  side- 
walks shall  be  constructed  in  accordance  with  this  section,  and 
under  the  direction  of  the  city  engineer. 

1881.  Appertures  or  Openings  in — Penalty.]  § 5. 

Every  apperture  or  opening  in  any  sidewalk,  over  any  vault  or 
coal-hole,  shall  be  covered  with  a substantial  iron  grate  or 
plate  with  a rough  surface,  and  the  construction  of  all  vaults 
and  coal-holes  under  sidewalks  shall  be  subject  to  the  direction 
and  supervision  of  the  city  engineer,  or  such  other  officer  as 
may  be  designated  by  the  city  council;  and  no  person  shall 
build  or  extend  any  sidewalk  beyond  the  established  width, 
and  no  person  shall  insert  any  smooth  pieces  of  glass  or  metal 


Sidewalks. 


719 


in  any  sidewalk  whatever,  under  a penalty,  in  either  case,  of 
not  exceeding  ten  dollars,  and  a further  penalty  of  two  dollars, 
for  each  day  he  shall  neglect  or  fail  to  remove  the  same,  after 
notice  to  do  so. 

1882.  Steps — Platforms  or  Fixtures,  Etc. — Prohibited 
— Penalty.]  § 6.  No  steps,  platform  or  other  fixture  shall 
extend  into,  or  upon  any  sidewalk  or  alley,  in  said  city.  No 
open  cellar  or  basement  way  shall  be  permitted  in  any  side- 
walk or  alley,  nor  shall  any  closed  cellar  or  basement  wav 
extend  into,  or  upon  any  sidewalk  more  than  five  feet,  nor  into 
any  alley  more  than  four  feet;  nor  shall  the  door  or  grating 
of  any  such  closed  cellar  or  basement  way  extend  above  the 
grade  of  the  sidewalk,  nor  exceeding  one  inch  above  the  grade 
of  the  alley;  nor  shall  the  hinges,  lock,  or  other  fastenings 
thereof,  be  placed  on  the  upper  side  of  the  same  so  as  to  pro- 
ject above  the  door,  unless  within  two  and  one-half  feet  of  the 
building;  and  all  cellar  windows  or  coal-holes  in  any  sidewalk 
or  alley,  shall  be  set  or  placed  even  with  the  grade  of  such 
sidewalk  or  alley,  and  be  well  secured  with  iron  or  other  suit- 
able gratings.  Whoever  shall  violate  or  fail  to  comply  with 
any  of  the  requirements  of  this  section,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  nor  more  than  twenty- 
five  dollars,  for  each  offense,  and  to  a further  penalty  of  three 
dollars,  for  each  day  he  shall  fail  or  refuse  to  comply  here- 
with. 

1883-  Dangerous — To  be  Removed.]  § 7.  Whenever 
it  shall  be  brought  to  the  notice  of  the  commissioner  of  public 
works,  that  any  neglected  or  dilapidated  sidewalks  have  be- 
come dangerous  to  the  public  safety,  he  shall  cause  the  same 
to  be  immediately  removed,  and  shall  report  his  action  to  the 
city  council  at  its  next  meeting  thereafter. 

1884  Sidewalks — Use  of  Space  Beneath.]  § 8,  No 

person  shall  hereafter  be  allowed  to  use  or  occupy  for  vaults, 
areas,  or  for  any  other  purposes,  the  space  beneath  the  side- 


720 


Ordinances. 


walks  included  within  the  sidewalk  lines,  of  any  of  the  streets, 
avenues,  or  alleys  in  the  city,  unless  a permit  therefor  shall 
have  first  been  obtained  from  the  commissioner  of  public 
works,  such  permits  to  continue,  and  to  be  issued,  only  upon 
the  condition  that  the  party  receiving  the  same,  shall,  as  com- 
pensation for  the  privilege  granted  by  said  permit,  build,  main- 
tain and  keep  in  good  safe  condition,  a sidewalk  over  such 
space  intended  to  be  used  for  vaults,  areas,  or  other  purposes, 
such  sidewalks  to  be  of  the  material,  and  constructed  and 
maintained  in  the  manner  then,  or  at  anytime  thereafter,  as 
may  be  directed  by  said  commissioner. 

1885.  Permits — Contents  of — Revocation,]  § 9.  Such 
permits  shall  specify  in  general  terms,  the  uses  for  which  the 
spaces  under  the  sidewalk  may  be  used,  and  it  shall  also  con- 
tain a condition,  that  upon  the  failure  to  construct,  maintain,  or 
repair  such  sidewalks,  in  accordance  with  any  order  that  may, 
from  time  to  time,  be  given  by  the  city  council,  or  the  com- 
missioner of  public  works,  the  permit  may  be  declared  an- 
nulled by  the  city  council,  or  said  commissioner,  and  that  all 
rights  and  privileges  under  such  permit  shall  cease  from  the 
time  the  same  is  annulled,  as  aforesaid. 

1886.  Space  Not  Allowed — Where — Fee.]  § 10.  No 

permit  shall  be  granted  for  the  permanent  use  and  occupancy 
of  the  space  under  the  sidewalk,  that  shall  extend  more  than 
six  feet  beyond  the  lot  line,  at  the  corners  of  streets,  and  in  no 
case  shall  any  such  permit  grant  the  use,  to  any  person,  of 
more  than  ninety  per  cent,  of  the  space  under  any  sidewalk, 
the  remaining  portion  being  reserved  for  the  use  of  the  city, 
whenever  they  may  require  the  same  for  any  purpose.  The 
fee  for  every  such  permit  shall  be  five  dollars,  payable  to  the 
commissioner  by  the  person  or  persons,  applying  therefor. 

1887.  Use  Without  Permit — Penalty.]  § 11.  Any 

owner,  builder,  tenant,  or  other  person,  who  shall  in  viola- 
tion of  the  provisions  of  the  preceding  section,  u;*e  or  oc- 


Sidewalks. 


72r 


cupy  any  part,  of  the  space  included  within  the  sidewalk 
lines  of  any  of  the  public  streets,  or  alleys  of  the  city,  without 
first  having  obtained  a permit,  shall  be  subject  to  a penalty  of 
not  less  than  twenty-five  dollars,  nor  more  than  two  hundred 
dollars,  and  a like  penalty  for  such  use  and  occupation 
for  each  and  every  day  after  a first  conviction  hereunder. 

1888-  Use  of  Space  Under  Sidewalk  for — Prohibited.] 

§ 12.  No  boiler,  steam  shaft,  furnace  or  steam  pipe, cess-pool 
or  privy  vault,  shall  be  constructed  or  located  for  use,  and  no 
explosive  substance  or  inflamable  oil,  or  any  other  combus- 
tible substance  shall  be  stored,  placed  or  kept  for  any  purpose, 
under  any  public  sidewalk  in  the  city,  and  any  permit,  for  the 
use  of  any  part  of  the  space  within  the  sidewalk  lines  of  any 
of  the  public  streets,  for  the  purposes  herein  prohibited,  shall 
be  absolutely  null  and  void. 

1889.  Open  Grating — Vault  or  Cellar  Door — Penalty.] 

§ 13.  Any  person  who  shall  keep,  or  leave  open,  any  cellar 
door,  or  grating  of  any  vault,  on  any  public  highway  or  side- 
walk, or  suffer  the  same  to  be  left  or  kept  open,  or  place  any 
obstruction  thereon  that  will  endanger  the  public  travel,  shall, 
upon  conviction,  forfeit  and  pay  a penalty  of  not  less  than 
twenty-five  dollars,  nor  more  than  two  hundred  dollars,  for 
each  offense. 

1890.  Receiving  or  Delivering  Merchandise — Penalty.] 

§ 14.  No  person,  while  receiving  any  goods,  wares  or  mer- 
chandise, shall  permit  the  same  to  remain  on  any  sidewalk 
longer  than  two  hours,  and  for  this  purpose  he  shall  not  occupy 
over  four  feet  of  the  outer  edge  of  the  sidewalk  in  front  of 
the  place  of  business  so  receiving,  or  delivering,  any  such 
goods,  wares,  merchandise,  etc.  Any  person  violating  the 
provisions  of  this  section  shall,  upon  conviction,  be  liable  to  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  fifty  dol- 
lars, for  each  offense. 

47 


722 


Ordinances. 


1891.  Sidewalk,  Curbing,  Gutters — Injury  to — Penalty.] 

§15.  Any  person,  or  persons,  who  shall  in  said  city  in  any 
way  or  manner,  injure,  or  obstruct  any  gutter,  pavement, 
curbing,  or  sidewalk,  or  cause  the  same  to  be  injured  or  ob- 
structed, shall,  upon  conviction,  forfeit  and  pay  a sum  not  less 
than  one  dollar,  nor  more  than  fifty  dollars,  for  every  offense; 
and  shall,  moreover,  be  liable  to  said  city,  in  an  action  of  debt, 
for  double  the  amount  of  the  costs  of  repairing  the  same,  or 
removing  the  obstruction. 

1892.  Injury  to  — by  Riding  or  Driving  Upon,  Etc. — 
Penalty.]  § 16.  Any  person  who  shall  ride  upon,  over  or 
across,  or  drive,  or  cause  to  pass  over,  along  or  across,  any 
improved  or  unimproved  sidewalk,  or  any  paved  gutter,  in 
said  city,  with  any  horse,  mule,  jack,  team,  wagon,  dray,  cart, 
sled,  carriage,  or  other  vehicle,  or  with  any  timber  or  other 
material  drawn  by  any  horse,  or  horses,  mules,  or  other  ani- 
mals, except  at  the  proper  crossing  places,  where  the  alleys 
intersect  the  streets,  shall,  upon  conviction,  forfeit  and  pay  not 
less  than  one  dollar,  nor  more  than  twenty-five  dollars,  for 
every  offense:  Provided , that  any  occupant  of  any  yard,  lot, 
or  warehouse  may  have  access  to  the  same  by  placing  in 
front  thereof,  at  his  or  her  own  expense,  with  the  consent  and 
direction  of  the  engineer,  a temporary  bridge  or  carriage-way 
over  the  gutter  and  curbing,  in  such  a manner  as  will  preserve 
the  same  from  injury,  and  not  obstruct  it. 

1893.  Obstructions  — Coal,  Fire-wood,  Etc. — Penalty.] 

§17.  It  shall  be  unlawful  for  any  person  in  said  city  to 
throw,  cast,  or  place  upon  any  sidewalk,  any  stone-coal,  coke, 
or  fire-wood,  or  to  cut,  split,  or  saw  any  fire-wood  upon  any 
side-walk;  and  any  person  convicted  under  this  section  shall 
forfeit  and  pay  not  less  than  one  dollar,  nor  more  than  ten  dol- 
lars, for  every  offense:  Provided , that  every  person  shall 
have  the  privilege  of  unloading  his  or  her  fire-wood,  or  other 
fuel,  in  front  of  his  or  her  house,  shop,  or  store,  and  outside  of 


Sidewalks. 


723 


the  sidewalk,  in  such  manner  only  as  will  not  obstruct  the  free 
passage  of  the  street,  alley  or  gutter,  and  the  water  along  the 
same,  and  upon  condition  that  the  same  shall  be  removed  be- 
fore the  expiration  of  twelve  hours  from  the  time  the  same 
may  be  deposited. 

1894.  Public  Auction  in  — Obstructions  of  — Penalty.] 

§ 18.  It  shall  be  unlawful  for  any  auctioneer,  or  his  agent  or 
crier,  to  sell,  or  cry,  or  offer  for  sale  at  public  auction,  any 
articles,  goods,  wares  or  merchandise,  upon  any  street,  alley, 
sidewalk  or  public  ground;  but  such  auctioneer  shall  sell  all 
articles  and  things  offered  for  sale  by  him  at  public  auction  in 
the  rooms  or  warehouse  occupied  by  him,  and  he  shall  so 
arrange  his  place  of  sale  in  said  rooms  or  warehouse  that  no 
portion  of  the  bidders  or  bystanders  will  be  compelled  or  re- 
quired to  stand  or  remain  on  the  street  or  sidewalk  in  front  of 
his  said  auction  rooms  or  warehouse;  and  any  auctioneer  or 
person  convicted  of  a violation  of  this  section  shall  forfeit  and 
pay  a sum  not  exceeding  one  hundred  dollars  for  every  of- 
fense, and,  on  conviction  for  a second  offense,  the  police  mag- 
istrate or  jury  trying  the  cause,  in  addition  to  the  fine  imposed, 
may,  in  his  or  their  discretion,  declare  the  auction  license  of 
the  defendant  forfeited,  and  such  forfeiture  shall  be  entered  up 
as  a part  of  the  judgment. 

1895.  Persons  — Not  to  Obstruct  — Penalty,]  § 19.  It 

shall  be  unlawful  for  any  person,  or  persons,  at  any  auction 
sale,  or  elsewhere,  to  occupy  or  incumber  any  sidewalk,  street 
or  alley,  in  said  city,  by  standing,  sitting  or  remaining  upon 
the  same,  so  as  to  prevent  or  obstruct  the  free  and  convenient 
passage  of  persons  along  and  across  any  of  said  streets,  side- 
walks or  alleys,  but  all  such  persons  shall  disperse,  or  move 
on,  at  the  request  ot  any  policeman;  and  any  person  violating 
this  section  shall  forfeit  and  pay  not  less  than  one  dollar,  nor 
more  than  fifty  dollars,  for  every  offense. 


724 


Ordinances. 


1896-  Awnings — How  Suspended  — Obstruction  by — 
Penalty.]  § 20.  It  shall  be  lawful  for  persons  in  said  city 
to  erect,  in  front  of  their  stores  or  houses,  awnings  to  be 
stretched  upon  iron  frame-work,  suspended  by  brackets  or 
supports  from  the  wall  of  the  building  and  covered  with  can- 
vas; and  it  shall  not  be  lawful  for  awnings  to  be  hung  in  any 
other  way.  And,  provided,  that  no  part  of  any  awning  in  said 
city  shall  be  less  than  eight  feet  from  the  sidewalk  at  its 
lowest  point,  and  shall  in  no  manner  interfere  with,  obscure  or 
obstruct  the  light  of  any  public  lamp;  any  and  every  person 
violating  any  of  the  provisions  of  this  section  shall,  on  convic- 
tion, forfeit  and  pay  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars  for  every  offense. 

1897-  Conducting  Water  from  Buildings  on — Penalty.] 

§ 21.  Every  person  owning  or  occupying  any  building  in 
said  city,  shall  cause  the  pipes  conducting  the  water  from  the 
eaves  of  the  same,  to  be  so  constructed  as  not  to  spread  the 
water  over  the  sidewalks,  or  upon  any  person  passing  along 
any  sidewalk  or  alley;  and  any  person  failing  to  comply  with 
the  provisions  of  this  section  shall  forfeit  and  pay  not  less 
than  one  dollar,  nor  more  than  twenty-five  dollars,  for  every 
offense. 

1898.  Signs  and  Fixtures  in — Penalty.]  § 22.  It  shall 
be  unlawful  for  any  person  in  said  city  to  suspend,  or  place,  or 
cause  to  be  suspended,  or  placed,  any  goods,  wares,  merchan- 
dise, sign,  sign-box,  flag,  fixture,  or  any  other  article  or  thing 
whatever,  in  front  or  rear  of  any  house,  store  or  other  build- 
ing, which  shall  extend  or  be  placed  over,  or  upon  any  side- 
walk, or  alley,  more  than  two  feet  from  the  wall  and  line  of 
any  such  house,  store,  or  building;  and  any  person  violating 
the  provisions  of  this  section,  shall,  on  conviction,  forfeit  and 
pay  not  less  than  three  dollars,  nor  more  than  fifty  dollars,  for 
every  offense. 


Sidewalks. 


725 


1899-  Hitching  Posts  in — Penalty.]  § 23.  It  shall  be 
lawful  for  persons  in  said  city,  to  place  hitching-posts  on  the 
streets  in  front  of  their  stores  and  houses,  not  more  than  one 
foot  inside  of  the  line  of  curbing  in  front  thereof,  and  at  no 
other  places;  said  posts  to  be  neatly  turned,  or  dressed,  with 
a hole,  or  a strong  ring  in  the  top  of  each,  and  to  be  four  feet 
high  when  set,  and  to  be  placed  firmly  at  least  two  and  a half 
feet  in  the  ground,  and  at  least  twenty  feet  from  every  cross- 
ing, and  fifteen  feet  from  the  corner  of  every  alley,  and  at 
least  twenty  feet  apart;  and  no  other  kind,  or  description  of 
posts,  pillars,  rails,  or  uprights,  except  telegraph,  telephone, 
electric  light,  or  electric  street  railway  poles,  and  public  lamp- 
posts,  shall  be  placed,  or  suffered  to  remain  on  any  sidewalk, 
street,  or  alley  in  said  city;  and  every  person  violating  any  of 
the  provisions  of  this  section,  shall,  on  conviction,  forfeit  and 
pay  not  less  than  one  dollar,  nor  more  than  fifty  dollars,  for 
every  offense;  and  it  shall  be  the  duty  of  the  superintendent  of 
streets,  city  engineer,  superintendent  of  police,  or  any  police- 
man, to  cause  all  posts,  rails,  signs,  uprights,  or  fixtures  re- 
maining on  any  street,  alley,  or  sidewalk,  contrary  to  this 
article,  to  be  removed  at  the  expense  of  the  persons  in  front 
of  whose  store,  or  other  premises,  the  same  may  be  found, 
said  expense  to  be  recoverable  by  action  of  debt. 

1900.  Bicycle  Riding,  Etc.,  on — Where  Prohibited — 
Penalty,]  § 24.  It  shall  be  unlawful  for  any  person,  or  per- 
sons, to  ride  or  propel  any  bicycle,  trycicle,  or  other  convey- 
ance or  vehicle  whatever,  upon  and  along  any  of  the  public 
sidewalks  of  the  streets  in  the  city  of  Peoria.  Any  person 
violating  the  provisions  of  this  section  shall  forfeit  and  pay  a 
penalty  of  not  less  than  one  dollar,  nor  more  than  fifty  dollars, 
for  each  offense. 

1901.  Removal  of  Obstructions.]  § 25.  The  mayor, 
aldermen,  or  any  public  officer  of  the  city,  are  hereby  author- 
ized to  cause  any  obstruction,  encroachment,  article  or  thing, 


72  6 


Ordinances. 


which  may  be  in  violation  of  the  provisions  of  this  article,  to 
be  removed  within  a reasonable  time  after  notice  to  the  owner, 
agent,  or  person  in  possession  of  the  premises,  where  such 
violation  occurs,  or  after  notice  to  the  person  causing  any  such 
obstruction,  or  in  case  the  owner,  agent,  or  person  in  posses- 
sion of  any  such  premises,  or  the  person  causing  such  obstruc- 
tion, cannot  be  found,  then  the  commissioner  of  public  works 
shall  cause  any  such  obstruction  to  be  removed  at  once,  and 
in  addition  to  the  penalty  in  this  article  prescribed,  the  person, 
or  persons,  causing  such  obstruction,  shall  pay  all  costs  and 
expenses  of  such  removal.  And  in  cases  when  notice  has 
been  given,  the  person,  or  persons,  so  notified,  failing  after  a 
reasonable  time,  to  remove  any  such  obstruction,  shall  be 
liable,  in  a like  manner,  as  in  cases  where  no  notice  is  given. 


ARTICLE  49. 


SLAUGHTER  HOUSES. 


' Section. 

1902.  License— Penalty. 

1903.  License  Fee — Application. 


Section. 

1905.  Inspection. 

1906.  Penalties. 


1904.  By  Whom  Granted— Location. 


1902.  License — Penalty.]  §1.  It  shall  be  unlawful 
for  any  person  to  carry  on  the  business  of  slaughtering  animals, 
packing  meat  for  market,  or  rendering  fat,  grease,  scraps, 
bones,  or  offal  from  such  animals,  or  any  dead  carcass  of  any 
animal,  or  any  animal  matter  whatever,  or  to  engage  in  the 
manufacture  or  production  of  fertilizers  or  glue,  or  the  clean- 
ing or  rendering  of  intestines,  without  having  first  pro- 
cured a license  for  such  business;  and  any  one  violating  this 
section,  shall,  upon  conviction,  be  fined  not  less  than  twenty- 
five  dollars,  nor  more  than  one  hundred  dollars,  for  every  day 
he  carries  on  such  business  without  a license. 

1903.  License  Fee — Application.]  § 2.  All  applica- 
tions for  any  such  license  shall  be  made  in  writing  and  shal  1 


Slaughter  Houses. 


727 


specify  the  place,  and  location  and  character  of  the  business 
for  which  license  is  desired,  and  the  applicant  shall  pay  to  the 
city  clerk  the  sum  of  fifty  dollars  per  annum,  before  any  such 
license  is  granted. 

1904.  By  Whom  Granted  — Location  ] § 3.  The 

mayor  is  hereby  authorized  to  grant  a license  for  such  purpose 
to  any  person  complying  with  this  article,  to  carry  on  any  such 
business  at  any  place  in  the  city  below  Persimmon  street,  be- 
tween Adams  street  and  the  river.  Where  any  such  business 
is  proposed  to  be  located  at  any  other  place  in  said  city,  or 
within  one-half  mile  of  the  boundary  thereof,  the  same  shall 
only  be  granted  upon  the  order  of  the  city  council. 

1905.  Inspection.]  § 4.  The  commissioner  of  health, 
food  inspector,  and  any  and  all  sanitary  officers,  shall  be  per- 
mitted free  entrance  at  all  hours  of  the  day  or  night  to  all 
buildings  and  premises  used  for  any  purposes  mentioned  in 
this  article,  and  to  free  and  unrestrained  examination  and  in- 
spection of  all  apparatus  or  utensils  used  in  such  business,  and 
the  disposition  of  gases  generated  therein,  and  of  all  animals 
slaughtered  therein,  and  the  meat  of  all  such  animals. 

1906.  Penalties.]  § 5.  Every  person  so  licensed,  who 
shall  violate  any  of  the  provisions  of  the  ordinances  of  the  city, 
or  any  statute  law  of  the  State  of  Illinois,  relating  to  such  bus- 
iness of  slaughtering,  packing,  rendering  and  manufacturing 
of  fertilizers  or  glue,  or  any  ordinance  of  the  city  relating  to 
the  health  of  the  city,  shall,  upon  conviction,  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  two  hundred  dollars, 
for  every  such  offense,  and  upon  a second  conviction  of  any 
such  offense,  shall  forfeit  his  license. 


728 


Ordinances. 


ARTICLE  50. 

STEAM  RAILROADS. 


Section. 

1907.  Speed  of  Trains. 

1908.  Light  on  Trains— where  placed. 

1909.  Spark  Catcher — on  Engine. 

1910.  Ringing  of  Bell. 

1911.  Signv  Board  at  City  Limits. 

1912.  Violation  of— Penalty. 

1913.  Railroad  Tracks  on  Water  Street. 

1914.  Switching  Trains,  etc. 

1915.  Railroad  Policemen. 

19x6.  Refusal  of  Railroad  Co.  to  pay. 

1917.  Who  to  Appoint  Railroad  Policemen. 

1918.  Railroad  Company — Refusal  to  Pay 

Proportion  of  Salary  of  Railroad 
Policemen— Rights  Forfeited. 

1919.  Cars  on  Street  Crossings— Prohibited. 

1920.  Cars  between  Main  and  Chestnut 

streets— Prohibited— Except 


Section. 

1921.  Strip  of  Land  on  Riverside,  etc. — Re- 

served. 

1922.  Gates  on  Streets,  etc.— who  to  Erect, 

etc. 

1923.  Tenders  of— Duties. 

1924.  Street  Crossings,  etc.— Not  to  be  Ob- 

structed by  Cars,  etc.,  longer  than* 

1925.  Violation  of — Penalty. 

1926.  Duty  of  Railroad  Company  as  to 

Grades,  Drains,  Ditches,  Sewers, 
and  Culverts— Penalty. 

1927.  Notice  to  Repair,  etc.,  Crossings,  etc. 

—Failure— Liability  of. 

1928.  Duty  of  Company  to  Pave,  etc. — when. 

1929.  Duty  of — as  to  Sewers,  Culverts,  etc. 

1930.  Penalty. 

1931.  Exemption. 


1907.  Speed  of  Trains.]  § 1.  No  railroad  corpora- 
tion, shall,  by  itself,  agents,  or  employes,  run  any  passenger 
train  upon  or  along  any  railroad  track  within  the  corporate 
limits  of  the  city  of  Peoria,  at  a greater  rate  of  speed  than 
ten  miles  an  hour;  nor  shall  any  such  corporation,  by  itself, 
agents,  or  employes,  run  any  freight  car  or  cars,  upon  or 
along  any  railroad  track  within  said  city  at  a greater  rate  of 
speed  than  six  miles  an  hour. 

1908.  Lights  on  Trains,  etc. — Where  Placed.]  § 2. 

That  every  locomotive,  engine,  railroad  car,  or  train  of  cars, 
running  either  backward  or  forward,  in  the  night  time,  on  any 
railroad  track  in  said  city,  shall  have,  and  keep  while  so  run- 
ning, a brilliant  and  conspicious  light  on  the  front  or  advan- 
cing end  of  such  locomotive,  engine,  car,  or  train  of  cars. 

1909.  Spark  Catcher — on  Engine.]  § 3.  It  shall  not 
be  lawful  for  any  person  to  run,  or  cause  to  be  run,  any  loco- 
motive in  said  city,  without  having  placed  upon  the  top  of 
the  chimney  thereof,  a bonnet,  or  spark-catcher,  sufficient  to 


Steam  Railroads. 


729 


preve.it  all  accidents  by  fire  from  sparks  of  such  locomotive; 
nor  shall  it  be  lawful  for  any  person  to  run  or  cause  to  be  run, 
in  said  city,  any  locomotive  having  the  fire-pan  of  the  same 
down  when  so  running. 

1910-  Ringing  of  Bell. J § 4.  The  bell  of  each  loco- 
motive engine  shall,  immediately  upon  entering  within  the 
limits  of  said  city,  be  rung,  and  such  bell  shall  continue  to  be 
rung  until  such  locomotive  shall  reach  its  destination  in  said 
city;  and  the  bell  of  each  locomotive  departing  from  the  city, 
shall  be  rung  immediately  on  leaving  the  depot  or  starting- 
point,  and  continue  to  be  rung  until  the  said  locomotive  and 
train  shall  pass  the  limits  of  said  city;  and  at  all  times  when 
cars,  trains  or  locomotives  are  being  switched  or  moved,  on, 
or  along  any  railroad  track,  the  bell  of  the  locomotive  shall  be 
rung,  and  shall  continue  to  ring  during  the  time  the  said 
cars,  trains  or  locomotives  are  in  motion. 

1911-  Sign  Board  at  City  Limits.]  §5.  Every  railroad 
company  operating  any  railroad  within  said  city  shall  erect, 
and  at  all  times  keep  up  at  the  point  of  entrance  of  such  rail- 
road track  into  said  city,  a sign  board  with  the  words,  “Stop 
speed — Ring  the  bell”  legibly  painted  thereon. 

1912-  Violations  of — Penalty.]  § 6.  Any  railroad  com- 
pany, superintendent,  conductor,  engineer,  brakeman,  or  other 
agent  or  employe  of  any  such  company,  who  shall  violate,  or 
fail  to  observe  any  of  the  provisions  of  the  preceding  sections, 
of  this  article,  shall  forfeit  and  pay  any  sum  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars,  for  every  offense. 

1913  Railroad  Track  on  Water  Street.]  § 7.  That 
hereafter  no  railway  track  shall  be  laid  down  on  Water  street, 
in  the  city  of  Peoria,  within  twenty-five  feet  of  the  present 
line  of  curbstone,  on  the  north-westerly  side  of  said  street. 

1914.  Switching  Trains,  Etc.]  § 8.  That  any  and  all 
railroad  companies  using  and  owning  railroad  tracks  within 


730 


Ordinances. 


the  city  limits  of  the  city  of  Peoria,  may  use  and  operate  their 
said  tracks  for  all  necessary  switching  of  their  trains  for  the 
proper  transaction  of  their  business,  at  any  time  during  the 
day,  under  the  restrictions  hereinafter  named. 

1915-  Railroad  Policemen.]  § 9.  That  the  permission 
granted  in  the  foregoing  section,  is  upon  the  express  condition 
that  said  railroad  companies  will  consent  to  the  appointment 
of  as  many  policemen,  to  be  known  as  railroad  policemen,  as 
the  city  council  of  the  city  of  Peoria  may  deem  necessary  for 
the  protection  of  the  public,  and  that  said  companies  will  pay, 
pro  rata , into  the  city  treasury,  monthly,  an  amount  of  money, 
to  be  designated  by  the  city  council,  sufficient  to  pay  the 
monthly  salaries  of  said  policemen:  Provided , that  said  po- 
licemen shall  not  be  allowed  a greater  salary  per  month  than 
is  paid  to  the  regular  policemen  of  said  city, 

1916.  Refusal  of  Railroad  Company  to  Pay.]  § 10. 

That  upon  the  refusal,  or  neglect  of  any  railroad  company,  or 
their  agent,  or  agents,  to  pay  their  proportion  of  said  salaries, 
as  provided  in  the  foregoing  section,  when  demanded  by  the 
city  treasurer,  or  other  person  authorized  by  the  city  council 
to  receive  the  same,  then  section  eight  of  this  article  shall  be 
void  and  of  no  effect,  so  far  as  the  railroad  company  so  refus- 
ing, or  neglecting,  to  pay  their  proportion  of  said  salaries  is 
concerned. 

1917.  Who  to  Appoint  Railroad  Policemen.]  § 11. 

That  the  mayor  of  said  city  is  hereby  authorized  and  empow- 
ered to  appoint  as  many  railroad  policemen  as  may,  from  time 
to  time,  be  designated  by  the  city  council,  whose  appointment 
shall  be  confirmed  by  the  city  council  as  in  other  cases,  and 
who  shall  be  stationed  along  the  railroad  tracks  of  said  com- 
panies, at  such  points  in  said  city  as  will,  in  the  judgment  of 
the  mayor,  best  serve  the  interests  of  the  public,  for  the  pur- 
pose of  enforcing  the  provisions  of  this  article,  and  to  perform 
such  other  duties  as  may  be  required  of  them  by  the  mayor 
and  city  council. 


Steam  Railroads. 


73i 


1918.  Railroad  Company — Refusal  to  Pay  Proportion 
of  Salary  of  Railroad  Policemen — Rights  Forfeited.]  § 12. 

That  in  case  section  eight  of  this  article  shall  become  null  and 
void  by  reason  of  the  failure  of  any  railroad  company  to  pay 
their  proportion  of  the  said  salaries  of  policemen,  then,  and  in 
that  event,  the  said  railroad  company  so  refusing,  or  neglect- 
ing to  pay  said  salaries,  shall  not  be  permitted,  either  by  them- 
selves, their  agents,  servants,  conductors,  superintendents,  or 
any  other  employe  whatever,  of  said  railroad  company,  to  run, 
or  propel,  in  whole  or  in  part,  by  steam  power,  or  otherwise, 
any  locomotive,  engine,  or  car  of  any  kind,  on  or  along  any 
railroad  track  in  the  city  of  Peoria. 

1919.  Cars  on  Street  Crossings — Prohibited.]  § 13. 

It  shall  not  be  lawful  for  any  locomotive,  engine,  tender,  pas- 
senger car,  freight  car,  or  any  other  railroad  car  whatever,  to 
stand  upon  any  railroad  track,  in  said  city,  opposite  to  or 
across  the  foot  of  any  street  running  to  or  towards  the  Illinois 
river  or  Lake  Peoria,  except  while  used  in  repairing  any  such 
track. 

1920.  Cars  Between  Main  and  Chestnut  Streets — Pro- 
hibited— Except.]  § 14.  It  shall  not  be  lawful  for  any  loco- 
motive, tender,  engine,  passenger  car,  freight  car,  or  any  other 
railroad  car  whatever,  to  stand  upon  any  railroad  track,  in  the 
city  of  Peoria,  between  Main  and  Chestnut  streets,  except 
during  the  time  that  cars  are  loading  and  unloading  between 
said  streets. 

1921.  Strip  of  Land  on  River  Side,  Etc. — Reserved.] 

§15.  It  shall  not  be  lawful  for  any  railroad  company,  or  any 
person,  to  use,  for  any  purpose  whatever,  the  strip  of  land 
lying  on  the  river  side  of  Water  street,  between  the  westerly 
line  of  Mills’  second  addition  to  Peoria  and  the  easterly  line  of 
Main  street,  in  the  city  of  Peoria,  except  for  the  purpose  of 
going  to  and  coming  from  the  Illinois  river,  and  except  for 


732 


Ordinances. 


purposes  appertaining  to  the  free  and  lawful  use  of  said  river: 
Provided , that  the  city  council  may  lease  a part,  or  all  of  said 
strip,  to  persons  to  use  the  same,  for  lawful  purposes. 

1922.  Gates  at  Streets,  Etc. — Who  to  Erect,  Etc.] 

§ 1 6.  That  all  railway  companies,  or  corporations,  who  may 
now,  or  hereafter,  run  and  operate  their  trains  on  any  track 
running  at  the  foot  of,  or  across  any  public  street  in  the  city  of 
Peoria,  shall  be  required  to  erect  and  maintain  an  automatic 
or  other  raised  gate,  or  bar,  at  the  foot  of  such  streets,  and  of 
such  kind  as  may  be  designated  by  the  city  council  of  said 
city,  to  prevent  the  crossing  of  teams  across  the  tracks  while 
trains  are  in  motion  thereon,  and  shall  also  furnish  a tender 
therefor,  at  their  own  expense,  to  be  appointed  in  the  same 
manner  as  railroad  policemen  are  now  appointed. 

1923.  Tenders  of — Duties.]  § 17.  It  shall  be  the  duty 
of  such  tender  to  keep  such  gate,  or  bar,  closed  at  all  times 
when  it  would  be  dangerous  for  teams,  or  persons,  to  cross 
such  railroad  track,  or  tracks,  in  consequence  of  passing 
trains. 

1924.  Street  Crossings,  Etc. — Not  to  be  Obstructed 
by  Cars,  Etc.  — Longer  Than,]  § 18.  That  no  railroad 
company,  or  corporation,  shall  permit  its  cars  to  stand  upon 
any  public  street  crossing,  or  obstruct  the  crossing  of  any 
street  by  its  trains,  or  by  said  gate,  or  bar,  at  any  one  time, 
for  a longer  period  than  five  minutes. 

1925.  Violation  of — Penalty. J § 19.  That  any  rail- 
road company,  or  corporation,  failing  to  comply  with  the  three 
preceding  sections  of  this  article,  or  either  of  them,  shall  for- 
feit and  pay  twenty-five  dollars;  and  ten  dollars  additional  for 
each  day  they  shall  fail  to  comply  with  the  provisions  of  either 
of  said  sections. 

1926.  Duty  of  Railroad  Company  as  to  Grades,  Drains, 
Ditches,  Sewers,  and  Culverts  — Penalty.]  § 20.  It  shall 
be  the  duty  of  all  railroad  companies  or  corporations  whose 


Steam  Railroads. 


733 


tracks  now  run  within,  or  may  hereafter  enter  or  pass  through 
the  corporate  limits  of  the  city  of  Peoria,  to  raise  or  lower 
their  respective  railroad  tracks  to  conform  to  any  grade  which 
is  or  may  be  established  by  the  city  council  for  any  street, 
avenue  or  alley  upon,  along  or  through  which  said  tracks  may 
be  laid  or  run,  and  where  such  tracks  run  lengthwise  of  any 
street,  avenue  or  alley,  to  keep  the  same  on  a level  with  the 
street  or  alley  surface,  so  that  they  may  be  conveniently 
crossed  at  any  place  on  such  street  or  alley;  and  to  make  and 
keep  open  and  in  repair  suitable  ditches,  drains,  sewers  and 
culverts,  along  and  under  their  respective  tracks,  so  that  the 
natural  drainage  of  the  adjacent  property  shall  not  be  impeded; 
and  to  construct  and  keep  in  repair  such  crossings  as  the  city 
council  may  designate,  at  the  intersections  of  their  tracks  with 
any  street,  avenue  or  alley  in  said  city.  Any  such  railroad 
company  or  corporation  failing,  neglecting  or  refusing  to  com- 
ply with  any  of  the  above  requirements  of  this  section,  shall 
be  subject  to  a fine  of  not  less  than  twenty-five  dollars,  nor 
more  than  two  hundred  dollars. 

1927.  Notice  to  Repair,  Etc.  — Crossings,  Etc.  — Fail- 
ure, Liability  of.]  § 21.  In  the  event  of  any  railroad  com- 
pany, or  corporation  failing  or  refusing  to  construct,  alter  or 
repair  any  crossing,  culvert  or  bridge,  when  duly  notified  to 
do  so  by  the  commissioner  of  public  works,  the  city  council 
may  order  such  crossing,  culvert  or  bridge  to  be  constructed, 
altered  or  repaired  at  the  expense  of  the  city,  and  such  com- 
pany or  corporation  shall  thereupon  be  liable  to  said  city,  in 
an  action  of  debt  for  the  cost  and  expense  thereof. 

1928.  Duty  of  Company  to  Pave,  Etc. — When.]  § 22. 

When  any  street,  avenue  or  alley  in  said  city,  upon,  along  or 
through  which  any  steam  railroad  track  now  is  or  may  here- 
after be  laid,  operated  or  used,  shall  be  ordered  paved,  by  or- 
dinance of  the  city  council,  it  shall  be  the  duty  of  every  such 
railroad  company,  or  corporation,  to  pave  all  that  portion  of 


734 


Ordinances. 


said  street  or  alley  between  the  rails  of  its  tracks,  and  between 
its  tracks,  in  the  same  manner  as  the  remaining  portions 
thereof  are  paved,  or  in  such  manner  and  with  such  other  ma- 
terials as  shall  be  by  ordinance  required;  and  in  case  of  default 
on  the  part  of  any  such  company  or  corporation  to  comply 
with  the  above  requirements  hereof,  the  city  council  of  said 
city  may  cause  such  railroad  track  or  tracks  to  be  taken  up, 
and  said  pavement  to  be  laid  pursuant  to  ordinance;  and  every 
such  railroad  company  or  corporation  shall  be  liable  to  the  city 
for  the  cost  and  expense  of  so  paving  said  portion  or  portions 
of  such  street,  avenue  or  alley  aforesaid,  together  with  lawful 
interest  thereon  from  the  completion  of  the  work;  and  upon 
the  failure  or  refusal  of  such  railroad  company  or  corporation 
to  pay  such  cost  or  assessment,  and  interest,  the  same  may  be 
recovered  of  such  company  or  corporation  by  suit,  in  the  name 
of  the  city,  before  any  court  of  competent  jurisdiction. 

1929.  Duty  of — as  to  Sewers,  Culverts,  Etc.]  § 23. 

That  whenever  hereafter  the  city  of  Peoria,  shall  construct  any 
sewer,  culvert,  tunnel  or  gutter  upon  or  along  any  of  its  streets, 
or  alleys,  and  leading  to  any  public  railroad  or  railway  cross- 
ing within  the  limits  of  the  city  of  Peoria,  it  shall  be  the  duty 
of  the  railroad,  or  railway  company  owning,  or  in  possession, 
or  control  of  such  railroad  or  railway,  when  ordered  by  the 
city  council  of  said  city,  to  build  and  construct  at  its  own  ex- 
pense, a continuation  of  such  sewer,  culvert,  tunnel  or  gutter 
over,  across  or  beneath  its  right  of  way,  upon  such  grade,  and 
in  such  direction,  as  the  city  council  may  direct,  and  of  the 
same  materials  and  dimensions,  and  in  like  manner  as  the  said 
sewer,  culvert,  tunnel  or  gutter  so  constructed  by  the  said  city, 
of  which  it  shall  be  a continuation.  It  shall  also  be  the  duty 
of  such  railroad  or  railway  corporation  to  keep  and  maintain 
in  good  order,  said  portion  of  such  sewer,  culvert,  tunnel  or 
gutter  at  its  own  expense. 

1930-  Penalty.]  § 24.  Any  railroad  company,  super- 
intendent, conductor,  engineer,  brakeman,  or  other  agent,  ser- 


Steam  Railroads, 


735 


vant,  or  employe  of  any  such  company,  or  any  other  person, 
or  persons,  who  shall  violate  any  of  the  provisions  of  this 
article,  where  no  other  penalty  is  prescribed,  ^hall,  upon  con- 
viction, be  subject  to  a penalty  of  not  less  than  five  dollars, 
nor  more  than  two  hundred  dollars  for  each  offense. 

1931-  Exemption.]  § 25.  Nothing  herein  contained 
shall  be  construed  to  apply  in  any  sense,  to  the  street  railways 
running  through  the  city  of  Peoria,  unless  they  are  expressly 
named. 


736 


Ordinances. 


ARTICLE  si. 

STREETS. 


Section. 

1932.  Streets— For  the  Public  Use. 

1933.  Injury  to— Excavations  in  -Permit- 

Penalty. 

1934.  Laying  Pipes,  etc.,  in— Permit. 

1935.  Permit— Application  For— Cost  of 

Repairing,  etc. 

1936.  Permits— Who  to  Issue— Bond. 

1937.  Defects  in  by  Casualty,  etc. 

1938.  Building  Permits,  in  For  Use  of. 

1939.  Building  Permits— Who  to  Issue. 

1940.  Permits — Violation  of — Penalty— For- 

feiture. 

1941.  Moving  Buildings  in  — Petition  — Li- 

cense To. 

1942.  Notice  to  Street  Railway  Company. 

1943.  Signals. 

1944.  Penalties. 

1945.  Building  in  Street,  etc.— Penalty. 

1946.  Removal  of  From  Streets,  etc. — Pen- 

alty. 

1947.  Notice  of  Obstructions— Penalty. 

1948.  Wagons,  Buggies,  etc.,  in  — Where 

Permitted— Penalty. 

1949.  Obstructions  in  for  Reparing,  etc.— 

Removal  of— Penalty. 

1950.  Circus  Parade  in— Permit  For. 

1951.  Permit  to  Designate  Streets— Penalty. 

1952.  Rubbish  in  Prohibited— Penalty. 

1953.  Building  Material  in — Removal  of— 

Penalty, 

1954.  Personal  Property  in  — Owner  Un- 

known-Notice and  Sale  of. 

1955.  Distribution  of  Hand  Bills,  Circulars, 

etc.,  in— Prohibited— Penalty. 

1956.  Shade  Trees,  etc.,  in  — Hitching 

Horses  to — Penalty. 

1957.  Unfastened  Horses,  etc.,  Not  Per- 

mitted in— Penalty. 

1958.  Fast  Riding  or  Driving  in,  Prohibited 

— Penalty. 


Section. 

1959.  Cattle  in— Drove  Limited— Penalty. 

1960.  Persons  Riding  or  Driving  in — Turn 

to  Right— Penalty. 

1961.  Driver  of  Vehicles  Not  to  Obstruct  by 

Stopping— Penalty. 

1962.  Speed  at  Crossings— Penalty. 

1963.  Contractors’  and  Teamsters’  Wagons, 

—How  Constructed — Penalty. 

1964.  Throwing  Stones,  Playing  Ball,  etc., 

in — Forbidden — Penalty. 

1965.  Hoisting  Materials,  etc.,  to  BuildiDgs 

in— Prohibited— Penalty . 

1966.  Coasting  in  Prohibited  — Penalty  — 

Mayor  May  Authorize. 

1967.  Sewers  and  Culverts  in— Use  of  and 

Injury  To— Penalty. 

1968.  Gas  and  Water  Pipes  in— How  May 

be  Laid,  etc. 

1969.  Gas  Company  to  Give  Bond  Before 

They  Commence  Laying— For  What 
— Condition  of. 

1970.  City  Council  May  Revoke  Right — 

When-Bond  Liable-When. 

1971.  Where  Works  Not  to  be  Erected. 

1972.  Peoria  Gas  Light  and  CokeCompany, 

— Street  Mains— How  to  be  Laid. 

1973.  Peoria  Water — Company  Mains— How 

to  be  Laid. 

1974.  Violation  of— Penalty. 

1975.  Permit  Required  to  Lay  Pipe  in  Im- 

proved Streets  — Expense  of  Re- 
placing Street  to  be  Deposited — 
Penalty. 

1976.  Service  Pipes  in  Improved  Streets — 

Kind  of — Penalty. 

1977.  Numbering  of  Buildings  on  Streets — 

Plan. 

1978.  Size  of  Figures. 

1979.  Assign  Number  for— Council  to  Ap- 

point Each  Year. 

1980.  Duty  of  Owner  or  Occupant  to  Num- 

ber—Notice— Neglect— Penalty. 


1932.  Streets  — for  Public  Use.]  § 1.  The  streets, 
avenues,  alleys  and  sidewalks  in  the  city  of  Peoria,  shall  be 
kept  free  and  clear  of  all  incumbrances  and  encroachments, 
for  the  use  of  the  public,  and  shall  not  be  used,  or  occupied,  in 
any  other  way  than  is  herein  provided  in  these  ordinances. 


Streets. 


737 


1933.  Injury  to — Excavations  in — Permit — Penalty.] 

§ 2.  No  person  shall  injure,  or  tear  up,  any  pavement,  side 
or  crosswalk,  or  any  part  thereof,  dig  any  hole,  ditch,  or  drain, 
in,  or  dig,  or  remove,  any  sod,  stone,  earth,  sand,  or  gravel, 
from  any  street,  avenue,  alley,  or  public  ground  in  the  city  of 
Peoria,  without  first  having  obtained  written  permission  from 
the  commissioner  of  public  works;  nor  shall  any  person  hin- 
der or  obstruct,  the  making,  or  repairing,  of  any  pavement, 
side  or  crosswalks,  or  any  part  thereof,  in  any  of  the  streets, 
avenues,  alleys,  or  other  public  places  of  the  city,  when  the 
same  is  ordered  by  any  department  of,  or  proper  officer  of  the 
city  government.  And  any  person  offending  against  the  pro- 
visions of  this  section  shall,  upon  conviction,  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  fifty  dol- 
lars, for  each  offense. 

1934.  Laying  Pipes,  Etc.,  in — Permit.]  § 3.  It  shall 
be  unlawful  for  any  company,  firm,  or  corporation,  their  agents, 
servants,  or  employes,  or  for  any  person,  to  make,  or  cause  to 
be  made,  an  opening,  ditch,  or  excavation,  in  or  upon  any  of 
the  streets,  avenues,  alleys,  or  other  public  places  of  the  city, 
for  the  laying  of  any  pipes,  or  making  any  change,  alteration, 
or  repairs,  to  any  pipes  already  laid,  or  for  any  other  purpose 
whatsoever,  except  upon  condition  that  a permit  therefor,  shall 
have  first  been  obtained  of  the  commissioner  of  public  works 
for  such  purpose. 

1935.  Permit — Application  for  — Cost  of  Repairing, 
Etc.]  § 4.  Any  company,  corporation,  or  person,  desiring 
to  lay,  lower,  change,  or  remove  any  gas,  water,  or  other  pipe, 
or  pipes,  or  to  make  connections  therewith,  or  to  make  any 
change,  alteration,  or  improvement,  in  the  right  of  way  on 
any  street,  shall  first  apply  to  the  commissioner  of  public  works, 
for  a permit  to  enter  upon  such  street,  avenue,  alley,  or  other 
public  place  of  the  city.  Such  application  shall  accurately  de- 
scribe the  premises  sought  to  be  broken,  dug,  or  excavated, 

48 


73§ 


Ordinances. 


and  further  agree  to  properly  guard  the  place  which  may  be 
dug,  broken,  or  excavated,  so  as  to  protect  the  city  from  loss, 
and  all  persons  from  accident  and  injury,  and  to  complete  the 
work  to  be  done  with  reasonable  dispatch,  and  when  com- 
pleted to  notify  the  said  commissioner:  Provided , however, 
that  no  such  permit  shall  be  issued  by  the  commissioner,  for 
the  digging  up,  excavating,  or  disturbing  of  any  street,  avenue, 
or  alley,  of  the  city,  until  the  cost  of  replacing,  or  repairing,  of 
the  same  shall  first  have  been  ascertained  by  the  engineer,  and 
paid  by  the  applicant  to  said  commissioner,  together  with  the 
fees  of  the  engineer  for  the  making  of  such  estimate.  The 
application  shall  be  signed  by  the  person,  firm,  or  corporation, 
or  their,  or  its,  duly  authorized  agent;  and  in  addition  to  the 
other  requirements  herein  prescribed,  shall  recite  that  the  per- 
son, persons,  firm,  or  corporation,  to  whom  the  same  is  issued, 
will  indemnify  the  city  against  any  loss  or  damage,  in  any  way 
resulting  to  the  city,  by  the  granting  of  the  permit  to  such 
applicant. 

1936.  Permits — Who  to  Issue — Bond.]  § 5.  Upon  ap- 
plication being  made,  in  the  manner  required  in  the  preceding 
section,  the  commissioner  shall  issue  a permit  to  the  applicant 
as  therein  authorized,  and  said  commissioner  may,  if  not  sat- 
isfied of  the  responsibility  of  the  persons  seeking  such  permit, 
require  of  them  a bond  or  such  other  guaranty  as  will  protect 
the  public,  and  save  and  keep  the  city  harmless. 

1937-  Defects  in — by  Casualty,  Etc.]  § 6.  Whenever 
it  shall  be  brought  to  the  notice  of  the  commissioner  that, 
through  any  sudden  casualty  or  accident,  a defect  has  oc- 
curred in  any  public  street,  sidewalk,  sewer,  gutter  or  drain, 
whereby  the  public  safety  is  in  danger,  he  shall  cause  the 
same  to  be  provided  with  proper  safe-guards,  and  if  the  cost 
shall  not  exceed  the  sum  of  one  hundred  dollars  ($100.00),  he 
shall  put  the  same  in  order,  and  the  expenses  on  being  allowed 
by  the  city  council,  shall  be  paid  out  of  the  miscellaneous  ap- 


Streets. 


739 


propriations  for  streets,  sidewalks,  sewers,  gutters  or  drains, 
as  the  case  may  be:  Provided , that  nothing  herein  contained 
shall  be  construed  to  authorize  the  repair  of  any  delapidated 
wooden  sidewalks. 

1938  Building  in  — Permits.  ] § 7.  Any  person  desir- 

ing to  occupy  any  portion  of  the  public  streets  of  the  city  of 
Peoria,  while  engaged  in  the  erection  of  buildings,  along  the 
line  of  either  or  any  of  said  streets,  shall  first  file  an  applica- 
tion with  the  commissioner  of  public  works,  for  a permit  to  so 
occupy  the  same;  said  application  shall  state  the  location  of 
the  proposed  building,  the  amount  of  space  in  the  street  de- 
sired for  occupation,  and  length  of  time  to  be  occupied.  It 
shall  be  accompanied  by  an  obligation  on  the  part  of  the  appli- 
cant, to  observe,  the  ordinances  of  the  city,  in  relation 
thereto,  and  to  protect  the  city  from  any  liability  to  any  per- 
son, or  persons,  on  account  of  accident  or  damage  arising  from 
such  occupation,  and  to  fully  remove  all  materials,  dirt  and 
rubbish  from  said  occupied  space,  and  to  restore  the  street  to 
its  original  condition  immediately,  upon  the  expiration  of  the 
period  granted  in  said  permit. 

1939.  Building  Permits  — Who  to  Issue.]  § 8.  When- 
ever such  application  and  agreement  shall  have  been  so  filed, 
said  commissioner  shall  have  authority,  in  his  discretion,  to 
issue  permits  to  parties  to  occupy  such  portion  of  the  streets 
so  prayed  for,  specifying  in  the  permit  all  the  privileges  there- 
in granted,  with  the  terms  and  conditions  of  the  same,  and  he 
shall  see  that  they  are  fully  and  completely  complied  with. 

1940  Permits — Violation  of — Penalty  — Forfeiture.] 

§ 9.  Whenever  any  person  to  whom  such  permits  may  be 
granted  shall  fail,  through  either  wilfulness  or  neglect,  to  per- 
form any  of  the  conditions  or  execute  any  of  the  requirements 
of  the  same,  he  shall  forfeit  and  pay  not  less  than  five  dollars, 
nor  more  than  fifty  dollars  for  each  offense;  and  the  said  com- 
missioner shall  have  the  further  power,  in  his  discretion,  to 


Ordinances. 


74° 

revoke  the  privileges  granted  in  said  permit,  and  require  the 
removal  forthwith  of  all  the  materials,  dirt,  and  rubbish 
placed  upon  the  occupied  portion  of  the  street. 

1941.  Moving  Building  in — Petition,  License  to.]  § io. 

Whenever  any  person  shall  desire  to  remove  any  building 
within  the  corporate  limits  of  the  city  of  Peoria,  over  or  upon 
the  streets  of  said  city,  he  shall  present  to  the  superintendent 
of  buildings  a petition,  stating  the  location  of  such  building, 
the  value  of  the  same,  the  place  to  which  it  is  intended  to  be 
removed;  and  if  said  removal  is  approved  by  said  superinten- 
dent, and  the  applicant  is  a duly  authorized  house-mover,  said 
officer  shall  issue  a permit  for  the  removal  of  any  such  build- 
ing, which  permit  shall  direct  the  route  to  be  taken,  and  the 
time  for  the  removal  thereof. 

1942.  Notice  to  Street  Railway  Company.]  § n. 

That  no  such  building  shall  be  allowed  to  be  removed  along 
any  street  upon  which  a street  railway  is  or  may  be  operated, 
without  at  least  twenty-four  hours’  notice  to  the  company 
operating  such  railway;  and  during  the  time  such  building  is 
being  removed  the  person,  or  persons,  engaged  in  removing 
the  same  shall  work  night  and  day  until  such  building  is  off 
such  street. 

1943-  Signals.]  § 12.  Every  person  removing  any 
building,  or  who  makes  any  excavation  or  piles  any  lumber 
or  building  material  upon  any  of  the  public  streets  of  the  city 
of  Peoria,  shall,  in  addition  to  the  other  requirements  of  the 
ordinances  of  said  city,  keep  from  early  twilight  until  dawn  a 
red  light,  or  lights,  hung  out  upon  and  about  the  same  suffi- 
cient to  give  ample  warning  of  such  building,  excavation  or 
obstruction. 

1944.  Penalty.]  § 13.  Every  person  violating  any  of 
the  provisions  of  the  three  preceding  sections  of  this  ordinance 
shall  forfeit  and  pay  for  each  and  every  offense,  not  less  than 


Streets. 


741 


five  dollars,  nor  more  than  one  hundred  dollars,  and  shall  be 
liable  for  any  and  all  damages  any  person  may  sustain  to  his 
person  or  property  in  consequence  of  such  violation. 

1945.  Building  in  Street,  Etc. — Penalty.]  § 14.  No 

person  shall  erect  or  place  any  building,  in  whole  or  in  part, 
upon  any  street,  avenue,  alley  or  other  public  ground  of  this 
city,  under  a penalty  of  fifty  dollars. 

1946.  Removal  of  from  Streets,  Etc. — Penalty.]  § 15 

The  owner  of  any  building,  fence,  porch,  steps,  gallery,  or 
other  obstruction,  which  now  or  may  hereafter  be  erected,  or 
placed  upon  any  street,  avenue,  alley  or  sidewalk,  or  other 
public  ground  of  the  city,  shall  remove  the  same  upon  written 
notice  of  the  commissioner  of  public  works,  and  any  person 
failing  or  refusing  to  comply  with  such  notice,  within  a reas- 
onable time  after  being  so  notified,  shall  be  subject  to  a penalty 
of  not  less  than  five  dollars,  nor  more  than  fifty  dollars. 

1947.  Notice  of  Obstructions — Penalty.]  § 16.  When- 
ever the  owner  of  any  building,  fence,  or  other  obstruction, 
upon  any  street,  avenue,  alley,  sidewalk,  or  public  ground  in 
this  city,  shall  refuse,  or  neglect,  for  a period  of  ten  days,  after 
notice,  as  prescribed  in  the  preceding  section,  or  if  the  owner 
cannot  be  readily  found  for  the  purpose  of  such  notice,  such 
obstruction  shall  be  deemed  a nuisance,  and  it  shall  be  lawful 
for  the  commissioner  of  public  works,  and  it  is  hereby  made 
his  duty,  to  remove,  or  cause  the  same  to  be  removed,  or 
taken  down,  in  his  discretion,  and  the  expense  thereof  shall  be 
recoverable  of  the  owner,  and  every  person  who  shall  oppose, 
or  resist  the  execution  of  the  orders  of  the  commissioner  in 
such  regard,  shall  upon  conviction,  be  subject  to  a penalty  no^ 
exceeding  fifty  dollars. 

1948.  Wagons — Buggies,  Etc. — Where  Permitted — 
Penalty.]  § 17*  No  wagon,  carriage,  buggy,  sleigh,  sled, 
railway  coach,  or  vehicle  of  any  kind,  or  description,  or  any 
part  of  the  same,  without  horses,  or  other  beasts  of  burden, 


742 


Ordinances. 


attached,  shall  be  permitted  to  stand,  or  remain  in  any  of  the 
streets,  avenues,  alleys,  or  other  public  grounds  of  the  city, 
except  for  the  purpose  of  being  repaired,  and  then  only  in 
front  of  the  premises,  and  close  to  the  curb  line,  or  place  of 
business,  of  the  person  so  repairing:  Provided , however,  that 
this  section  of  the  ordinances  shall  not  be  taken  to  authorize 
the  use,  for  such  purpose,  of  any  part  of  the  public  sidewalk, 
or  more  than  a width  of  eight  feet  from  the  curb  line  of  any 
such  street,  or  avenue.  Any  person  violating  the  provisions 
of  this  section  of  these  ordinances,  shall  be  subject  to  a penalty 
of  not  less  than  five  dollars,  nor  more  than  fifty  dollars,  for 
each  offense. 

1949.  Obstructions  in  for  Repairing,  Etc. — Removal  of 
— Penalty.]  § 18.  Any  person,  or  persons,  paving,  or  re- 
pairing any  of  the  streets,  avenues,  or  alleys,  of  the  city,  may, 
when  so  authorized  by  the  commissioner  of  public  works, 
place  proper  obstructions  across  such  street,  avenue,  or  alleys, 
for  the  purpose  of  preserving  the  pavement  then  being  made, 
or  repaired,  and  until  the  same  shall  be  fit  for  public  use,  leav- 
ing at  all  times  a sufficient  passage  for  foot  passengers:  Pro- 
vided, however,  that  nothing  contained  in  this  section  shall  be 
construed  to  authorize  any  such  person,  or  persons,  to  so  ob- 
struct, more  than  one  block  at  the  same  time,  in  any  one  street, 
or  to  keep  the  same  so  obstructed,  after  any  such  street,  ave- 
nue, or  alley,  paved  or  repaired,  is  finished  and  fit  for  use. 
Any  person  who  shall,  without  the  written  consent  of  the  com- 
missioner of  public  works,  or  without  the  consent  of  the  per- 
son superintending  said  paving  or  repairing,  throw  down, 
displace,  or  remove,  any  such  obstruction,  shall,  upon  convic- 
tion, be  subject  to  a penalty  of  not  exceeding  fifty  dollars,  for 
every  such  offense. 

19^0.  Circus  Parade  in — Permit  for.]  § 19.  It  shall 
be  unlawful  for  any  circus,  circus  and  menagerie,  to  parade  in 


Streets. 


743 


and  along  any  of  the  streets,  or  avenues,  of  the  city  of  Peoria* 
without  first  having  obtained  a permit  so  to  do,  from  the 
mayor  of  said  city. 

1951.  Permit  to  Designate  Streets — Penalty.]  § 20. 

The  mayor  may  issue  a permit  to  any  circus,  or  circus  and 
menagerie  to  parade  in  and  along  the  streets  and  avenues  of  the 
city  of  Peoria,  in  which  permits  he  shall  specify  the  streets  and 
avenues,  in  and  along  which  any  such  parade  may  be 
made,  and  such  parade  shall  not  be  made,  in  or  along  any 
other  streets,  or  avenues,  than  those  named  in  such  permit. 
Any  person  violating  the  provisions  of  this  and  the  preceding 
section,  shall  be  subject  to  a penalty  of  not  less  than  one  hun- 
dred dollars,  nor  more  than  two  hundred  dollars,  and  a revo- 
cation of  any  license  to  exhibit  within  the  city  of  Peoria. 

. j 

1952.  Rubbish  in  — Prohibited  — Penalty.]  § 21.  It 

shall  be  unlawful  for  any  person  in  said  city  to  place,  throw  or 
deposit,  or  caused  to  be  placed,  thrown  or  deposited,  and  per- 
mit to  remain,  in  or  upon  any  streets,  lanes,  avenues,  alleys, 
sidewalks,  public  landings  or  public  grounds,  any  timber,  lum- 
ber, lath,  shingles,  fence  posts,  wood,  coal,  ashes,  lime,  brick, 
earth,  crockery,  tin  clippings,  oyster  shells,  rubbish,  boxes, 
crates,  barrels,  filth,  wagons,  carts,  drays  and  other  vehicles, 
or  any  other  article,  thing  or  commodity;  and  any  person  vio- 
lating any  of  the  provisions  of  this  section  shall,  on  conviction, 
forfeit  and  pay  not  less  than  one  dollar  nor  more  than  one 
hundred  dollars,  for  every  offense,  and  the  further  sum  of 
three  dollars  for  every  day  any  of  said  articles  or  things  shall 
remain,  contrarv  to  this  section. 

1953.  Building  Materials  in — Removal  of — Penalty.] 

§ 22.  When  any  person  about  to  build  or  repair  any  house 
or  other  building,  or  improvement,  in  said  city,  and  shall  not 
have  ground  sufficient  or  convenient  whereon  to  place  the  nec- 
essary materials  for  such  building  or  improvement,  such  mater- 
ials may  be  piled  on  the  nearest  part  of  the  street  or  alley, in  such 


744 


Ordinances. 


manner  as  the  superintendent  of  buildings  may  specify  in  his 
permit  granted  for  such  privilege,  and  so  as  not  to  incumber, 
obstruct  or  occupy  at  any  time  more  than  one-third  of  anv  of 
said  streets  or  alleys  in  front  of  any  such  house,  building  or 
improvement:  Provided , that  no  building  materials,  earth, 
sand,  lumber  or  rubbish  shall  be  piled  or  placed  upon  any 
sidewalk  nor  in  any  gutter:  And  -provided,  Jxirther,  that  all 
such  materials,  and  every  part  thereof,  shall  be  removed  as 
soon  as  the  same  shall  cease  to  be  needed  or  used  in  the  con- 
struction of  such  building  or  improvement,  or  may  be  removed 
at  any  time  when,  in  the  opinion  of  the  superintendent  of  build- 
ings it  is  thought  necessary,  or  when  the  same  have  remained 
an  unreasonable  time;  and  any  person  who  shall  violate  any  of 
the  provisions  of  this  section,  or  who  shall  fail  or  refuse  to  re- 
move the  said  materials*  when  notified  by  the  superintendent  of 
buildings,  shall,  on  conviction,  forfeit  and  pay  not  less  than  one 
dollar,  nor  more  than  one  hundred  dollars,  for  every  such  re- 
fusal or  neglect. 

1954.  Personal  Property  in — Owners  Unknown — No- 
tice and  Sale  of.]  § 23.  In  all  cases  where  any  article 
of  personal  property  shall  have  remained  on  any  street,  lane 
avenue,  alley,  or  public  ground  in  city,  contrary  to  ordin- 
ance, for  twenty-four  hours,  and  no  owner  or  agent  for  the 
same  can  be  found  in  said  city,  it  shall  be  the  duty  of  the  super- 
intendent of  police  or  any  policeman  of  said  city,  to  remove  the 
same  to  some  convenient  place,  if  deemed  necessary.  It  shall 
thereupon  be  the  duty  of  the  superintendent  of  police,  to  ad- 
vertise such  article  of  personal  property,  for  the  space  of  ten 
days,  by  posting  up  notices,  in  three  of  the  most  public  places 
of  the  city,  and  at  the  expiration  of  said  notice,  if  no  owner 
apply  for  such  article,  to  sell  the  same  at  public  auction  at  the 
city  hall  building  in  said  city,  and  to  at  once  pay  the  proceeds 
arising  therefrom,  to  the  city  treasurer.  All  of  which  funds 
shall  be  retained  by  said  treasurer,  and  subject  to  the  order  of 
the  city  council. 


Streets. 


745 


1955-  Distribution  of  Hand  Bills,  Circulars,  Etc.,  in 
Prohibited — Penalty.]  § 24.  No  person  shall  distribute, 
cast,  throw,  or  place  in,  upon  or  along  any  of  the  streets, 
avenues,  alleys  or  public  places  of  the  city  of  Peoria,  any 
handbill,  pamphlet,  circular,  book  or  advertisement,  for  the 
purpose,  or  with  the  intent  of  advertising  or  making  known 
any  business,  occupation,  attraction,  profession,  medical  treat- 
ment, medicine,  or  any  thing  whatsoever,  and  any  person 
violating  the  provisions  of  this  section  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  twenty- 
five  dollars,  for  each  offense. 

1956.  Shade  Trees,  Etc.,  in — Hitching  Horses  to — 
Penalty.]  § 25.  It  shall  be  unlawful  for  any  person  in  said 
city  to  hitch,  fasten,  or  tie  any  horse,  mule,  or  other  animal,  to 
any  shade  or  ornamental  tree,  which  may  be  standing,  or 
growing,  on  any  street  or  sidewalk,  or  in  or  about  the  court- 
house square,  or  the  public  grounds  of  the  city,  or  the  boxing, 
or  railing  around  the  same,  or  to  injure,  cut,  break,  climb 
upon,  bend,  or  destroy  any  shade  or  ornamental  tree  growing 
in  said  square,  or  grounds,  nor  to  turn  any  cattle,  horses,  or 
other  animals  into  the  same,  nor  to  deface,  injure,  break,  or  in 
any  manner  disfigure  the  monument  in  said  square,  nor  shall 
it  be  lawful  to  cut,  injure,  bend,  or  climb  upon  any 
shade  tree  on  any  street  or  sidewalk,  or  the  boxing 
around  any  tree,  nor  to  hitch,  fasten,  or  tie  any  horse, 
mule,  or  other  animal,  to  any  lamp-post,  awning-post,  public 
hydrant,  or  telegraph-pole  on  any  street,  sidewalk,  alley,  or 
public  place,  or  to  cut,  break,  injure,  or  destroy  any  public 
lamp,  or  lamp-post,  or  any  other  property  belonging  to  the 
city  of  Peoria;  nor  shall  it  be  lawful  for  any  person  in  said  city 
to  light,  or  extinguish  any  public  lamp,  without  having  proper 
authority  so  to  do,  nor  shall  it  be  lawful  for  any  person  in  said 
city  to  place,  fasten,  leave  standing,  or  tie  any  horse,  or  other 
animal  on  any  sidewalk,  or  at  any  place,  or  to  any  thing,  in 
such  a way  that  said  horse,  or  other  animal,  shall  occupy,  or 


746 


Ordinances. 


obstruct  the  free  use  of  any  street,  or  sidewalk;  and  any  per- 
son violating  any  of  the  provisions  of  this  section  shall,  on 
conviction,  forfeit  and  pay  not  less  than  one  dollar,  nor  more 
than  one  hundred  dollars  for  every  offense. 

1957.  Unfastened  Horses,  Etc. — In — Penalty.]  § 26. 

No  person  in  said  city  shall  leave  standing,  unfastened,  any 
horse,  mule,  or  other  animal,  or  any  team,  either  in  harness  or 
attached  to  any  wagon,  sled,  carriage,  dray,  cart,  or  other 
vehicle,  nor  shall  any  person  cause,  suffer,  or  permit  any  horse, 
mule,  ox,  or  jack  to  pass  through  any  street  or  alley  without 
a driver;  and  any  person  convicted  under  this  section  shall 
forfeit  and  pay  not  less  than  three  dollars,  nor  more  than 
fifty  dollars,  for  every  offense. 

1958.  Fast  Riding  or  Driving  in — Penalty.  ] § 27* 

Any  person  who  shall  ride  or  drive  any  horse,  mare,  mule,  or 
gelding,  or  any  other  beast  of  burden,  violently  or  carelessly 
through,  or  along,  any  street,  lane,  or  alley  in  said  city,  so  as 
to  endanger  the  safety  of  any  person,  shall,  upon  convic- 
tion thereof,  forfeit  and  pay  not  less  than  three  dollars,  nor 
more  than  one  hundred  dollars,  for  every  offense. 

1959.  Cattle  in— Drove  Limited — Penalty.]  § 27.  It 

shall  be  unlawful  for  any  person,  or  persons,  between  the 
hours  of  (7)  o’clock  a.  m.  and  (7)  o’clock  p.  m.,  of  each  and 
every  day,  to  drive  upon,  or  along  any  of  the  public  streets  of 
the  city  of  Peoria,  lying  above  northerly  side  of  Persimmon 
street,  and  between  and  below  the  line  of  Armstrong  avenue 
and  Water  street,  more  than  five  (5)  head  of  cattle,  at  any 
one  time.  Any  person,  or  persons,  violating  the  provisions 
of  this  section,  shall  forfeit  and  pay  not  less  than  five  dollars, 
nor  more  than  fi'ty  dollars,  for  each  offense. 

I960-  Persons  Riding  or  Driving  in — Turn  to  Right — 
Penalty.]  § 29.  In  all  cases  of  persons  meeting  each  other 
riding  on  horseback,  or  driving  any  wagons,  carts,  drays  or 
other  vehicles,  on  any  street,  alley  or  public  place  in  said  city. 


Streets. 


747 


each  person  riding  or  driving  shall  turn  off  and  go  to  the 
right,  so  as  to  enable  such  persons  and  vehicles  to  pass  each 
other  without  delay  or  accident;  and  any  person  who  shall 
violate  this  section  shall  forfeit  and  pay  not  less  than  one  dol- 
lar, nor  more  than  fifty  dollars,  for  every  offense. 

1961.  Driver  of  Vehicles  Not  to  Obstruct  by  Stopping 
— Penalty.]  § 30.  No  driver  of  any  team,  or  vehicle  shall 
stop  the  same  in  any  street,  lane  or  alley  in  said  city,  so  as  to 
obstruct  the  street,  lane  or  alley  in  such  a manner  as  to  pre- 
vent other  teams  and  vehicles  or  persons  from  passing  at  all 
times,  unless  in  cases  of  absolute  necessity;  nor  shall  any  driver 
of  any  team  or  vehicle,  or  any  person  riding  or  in  charge  of 
any  animal,  stop  the  same  at  or  upon  any  regular  crossing  of 
any  street,  alley  or  public  place  in  said  city,  and  every  person 
violating  the  provisions  of  this  section  shall  forfeit  and  pay 
not  less  than  one  dollar,  nor  more  than  twenty-five  dollars,  for 
every  offense. 

1962.  Speed  at  Crossings  — Penalty.]  §31.  That  all 
persons  in  said  city  riding  any  animal,  or  in  charge  of  or  driv- 
ing any  horses  or  other  animals  in  any  vehicle,  when  approach- 
ing any  regular  crossing  on  any  street,  lane,  alley  or  public 
place,  shall  slacken  their  speed  until  the  crossing  is  passed; 
and  any  person  who  shall  violate  this  section  shall  forfeit  and 
pay  not  less  than  three  dollars,  nor  more  than  fifty  dollars,  for 
every  offense. 

1963-  Contractors  and  Teamsters  Wagons  — How  to 
be  Constructed.]  § 32.  That  all  contractors,  teamsters  and 
other  persons  hauling  dirt  on  streets  or  alleys,  shall  so  con- 
struct, keep  and  maintain  their  wagon  boxes,  dumps  and  side 
boards  with  front  and  rear  end  boards  as  at  all  times  to  pre- 
vent the  spilling  of  ashes,  gravel,  dirt  or  rubbish  from  the 
same;  and  any  person  who  shall  fail  to  comply  with  the  pro- 
visions of  this  section  shall  forfeit  and  pay,  for  the  first  offense, 
five  dollars,  and  for  each  succeeding  offense,  not  less  than  ten 
dollars,  nor  more  than  twenty-five  dollars. 


748 


Ordinances. 


1964.  Throwing  Stones,  Playing  Ball,  Etc.,  in,  Forbid- 
den— Penalty.]  § 33.  It  shall  be  unlawful  for  any  person 
on  any  street,  lane,  alley  or  thoroughfare  of  said  city  to  fly 
kites,  throw  stones,  trundle  hoops,  play  ball,  or  use  any  sport 
or  exercise  likely  to  frighten  horses,  injure  passengers,  or  em- 
barass  the  passage  of  vehicles;  and  any  person  violating  this 
section  shall  forfeit  and  pay  not  less  than  one  dollar,  nor  more 
than  twenty-five  dollars,  for  every  offense. 

1965-  Hoisting  Materials,  Etc.  in,  Prohibited  — Pen- 
alty]  § 34.  It  shall  be  unlawful  for  any  person  in  said  city 
to  hoist  on  the  outside  of  any  building,  over  any  street,  alley 
or  thoroughfare,  any  merchandise,  grain,  or  other  material  or 
article;  and  any  person  violating  this  section  shall  forfeit  and 
pay  not  less  than  five  dollars,  nor  more  than  one  hundred  dol- 
lars, for  every  offense. 

1966-  Coasting  in,  Prohibited  — Penalty  — Mayor  May 
Authorize.]  § 35.  It  shall  be  unlawful  for  any  person,  or 
persons,  to  indulge  in  the  sport  commonly  called  coasting,  in 
or  upon  any  of  the  public  streets,  avenues,  alleys,  or  sidewalks 
of  ihe  city  of  Peoria.  Any  person,  or  persons,  violating  the 
provisions  of  this  section,  shall  forfeit  and  pay  a penalty  of  not 
less  than  one  dollar,  nor  more  than  fifty  dollars,  for  each  and 
every  offense:  Provided , however,  that  the  mayor  may,  by 
public  proclamation,  suspend  the  provisions  of  this  section,  as 
to  any  of  such  streets,  or  avenues,  when  in  his  judgment,  the 
public  safety  will  not  thereby  be  endangered. 

1967*  Sewers,  Culverts,  Use  of,  and  Injury  to  — Pen- 
alty.] § 36.  It  shall  be  unlawful  for  any  person  in  said  city 
to  injure,  obstruct,  or  destroy,  any  public  sewer  or  culvert,  or 
the  grating  or  openings  of  the  same,  constructed  or  owned  in 
whole  or  in  part  by  said  city,  nor  shall  any  such  sewer  or  cul- 
vert be  used  for  any  other  purpose  than  for  which  the  same 
was  constructed;  and  any  person  violating  this  section,  shall 
forfeit  and  pay  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars,  for  every  offense. 


Streets. 


749 


1968-  Gas  and  Water  Pipes  in — How  May  be  Laid.] 

§ 37.  That  any  company  organized  for  the  purpose  of  light- 
ing the  city  of  Peoria,  and  furnishing  the  inhabitants  of  said 
city  with  gas,  be  and  they  are  hereby  fully  authorized  and  em- 
powered to  lay  their  mains  and  service  pipes  in  any  of  the 
streets,  alleys  and  public  grounds,  in  said  city  of  Peoria,  in  the 
manner  hereinafter  provided. 

1969-  Gas  Company  to  Give  Bond  Before  They  Com- 
mence Laying — For  What — Conditions  of.]  § 38.  That 
the  gas  mains  and  service  pipes  shall  be  laid  under  the  direc- 
tion of  the  commissioner  of  public  works  and  city  engineer, 
acting  under  such  directions  as  the  city  council  may,  by  reso- 
lution or  ordinance,  prescribe.  That  said  company  shall  be- 
fore they  commence  laying  said  mains  and  service  pipes,  enter 
into  bonds  with  the  city  of  Peoria,  in  the  sum  of  not  less  than 
ten  thousand  dollars,  agreed,  stipulated  and  liquidated  dam- 
ages, with  good  and  sufficient  security,  to  be  approved  by  the 
city  council  of  said  city,  that  they  will  erect  sufficient  buildings 
and  works  for  the  generating  of  gas  for  the  use  of  said  city 
and  inhabitants;  that  they  will  put  said  works  in  operating 
order  within  such  time  as  the  city  council  may  direct;  that 
they  will  furnish  gas  to  private  consumers  at  a price  not  to  ex- 
ceed one  dollar  and  fifty  cents  per  one  thousand  cubic  feet  for 
standard  gas;  that  they  will  furnish  light  for  the  city  of  Peoria 
at  a price  not  to  exceed  twenty  dollars  per  lamp-post  per  an- 
num, each  lamp  or  burner  to  consume  not  less  than  five  feet 
of  gas  per  hour;  that  they  will  furnish  and  keep  said  lamps 
and  posts  in  repair  and  in  good  order;  that  they  will  lay  their 
mains  in  continuous  connection  with  said  gas  works  in  such 
streets  and  alleys  as  may  be  designated  by  the  city  council  of 
said  city,  and  along  as  many  blocks  as  said  city  council  may 
designate;  that  they  will  pay  all  damages  sustained  by  the 
city,  or  any  person  or  persons,  by  reason  of  any  exposed  con- 
dition of  the  works  of  said  company,  or  of  any  trench  dug, 


75o 


Ordinances. 


or  pipes  laid  in  or  along  any  of  the  streets,  alleys  or  public 
places  of  said  city  by  said  company;  that  they  will  not  in  any 
manner  combine  nor  confederate  with  any  existing  gas  com- 
pany, nor  other  company,  or  person  or  persons,  in  the  interest 
of  any  existing  gas  company,  for  the  purpose  of  creating  a 
monopoly  of  the  gas  business  in  the  city  of  Peoria. 

1970.  City  Council  May  Revoke  Right — When — Bond 
— Liable — When.]  § 39.  When  the  city  council  of  said 
city  shall  become  informed  of  the  fact  that  said  company  so 
organized,  after  availing  themselves  of  the  provisions  of  this 
article,  is  not  acting  in  good  faith,  according  to  the  intent  and 
meaning  hereof,  then  the  city  council  may  declare,  by  motion 
or  resolution,  this  article  void  and  inoperative  so  far  as  said 
new  gas  company  is  concerned,  and  such  declaration  shall 
work  a breach  and  forfeiture  of  said  bond,  and  the  principals 
and  surety  named  in  said  bond  shall  be  held  liable  to  said  city 
for  whatever  damages  said  city  has  sustained  by  reason  of  the 
bad  faith  of  said  new  company. 

1971.  Where  Works  Not  to  be  Erected.]  § 40. 

That  any  company  operating  under  the  provisions  hereof  shall 
not  be  permitted  to  erect  their  works  for  the  manufacture  of 
gas  farther  up  the  river  than  Bridge  street  in  said  city. 

1972.  Peoria  Gas  Light  and  Coke  Company — Street 
Mains  How  to  be  Laid.]  § 42.  That  the  Peoria  Gas  Light 
and  Coke  Company  shall  lay  their  street  mains  at  a distance 
of  not  less  than  ten  feet  from  the  center  of  the  streets  in  said 
city,  and  they  shall  be  laid  on  the  north  or  west  side  of  said 
streets. 

1973.  Peoria  Water  Company — Mains  How  to  be  Laid.] 

§ 42.  That  the  mains  of  the  Peoria  Water  Company  shall 
be  laid  at  a distance  of  not  less  than  ten  feet  from  the  center 
of  the  streets  in  said  city,  and  they  shall  be  laid  on  the  south 
or  east  side  of  said  streets. 


Streets. 


75i 


1974*  Violation  of — Penalty.]  § 43.  That  any  person, 
company  or  association,  violating  either  of  the  two  preceding 
sections  shall  forfeit  and  pay  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars  for  every  offense. 

1975.  Permit  Required  to  Lay  Pipes  in  Improved 
Streets — Expense  of  Replacing  Street  to  be  Deposited — 
Penalty.]  § 44.  That  it  shall  not  be  lawful  for  any  person, 
persons,  companies,  corporation  or  corporations,  to  lay  any  gas 
or  water  pipes,  either  main  or  service  pipes  in  any  of  the 
streets  or  alleys  of  the  city  of  Peoria,  after  said  streets  or 
alleys  shall  be  permanently  improved,  either  by  paving,  macad- 
amizing or  graveling  the  same,  unless  special  permission  shall 
be  given  therefor  by  a two-thirds  vote  of  the  city  council  of 
said  city:  And,  provided,  Jur  ther,  that  such  permission  shall 
not  be  granted  by  the  city  council,  until  the  party,  or  parties 
making  the  application  therefor,  shall  have  deposited  with  the 
commissioner  of  public  works,  the  amount  of  the  expense,  as 
estimated  by  the  city  engineer,  of  replacing,  or  repairing  the 
street  excavated  or  disturbed  for  such  purpose,  together  with 
his  lawful  fees  and  charges  for  the  making  of  such  estimate; 
and  any  person,  company  or  corporation  violating  the  forgo- 
ing sections  of  this  article,  shall  be  subject  to  a penalty  of  not 
less  than  twenty-five  dollars,  nor  more  than  two  hundred  dol- 
lars, for  each  offense. 

1976-  Service  Pipes  in  Improved  Streets — Kind  of — 
Penalty.]  § 45.  That  all  owners  of  lots  abutting  upon  any 
street,  or  streets,  in  the  city  of  Peoria,  which  may  hereafter  be 
permanently  improved  in  the  manner  set  forth  in  the  preced- 
ing section  shall,  before  or  at  the  time  such  improvements  are 
being  made,  remove  or  caused  to  be  removed'  all  iron  water 
service  pipes  from  such  street  or  streets  in  front  of  their  lots, 
and  replace  the  same  or  cause  the  same  to  be  replcaed  with 
lead  pipe  or  pipes;  and  any  party  or  parties  failing  to  comply 


752 


Ordinances. 


with  the  provisions  of  this  section,  shall,  upon  conviction,  for- 
feit and  pay  any  sum  not  less  than  twenty-five  dollars,  nor 
more  than  fifty  dollars. 

1977.  Numbering  of  Buildings  on  Streets  — Plan.] 

§ 4 6.  That  the  several  buildings  that  are  now,  or  that  may 
hereafter  be,  erected  in  the  city  of  Peoria,  shall  be  numbered 
by  the  owner,  or  owners,  occupant,  or  occupants  thereof,  ac- 
cording to  the  following  plan,  viz: 

First.  Main  street,  Water  street,  Franklin  street,  and  the 
alley  commencing  at  the  intersection  of  Bridge  and  Adams 
streets,  running  due  west  and  commonly  called  Prairie  street, 
shall  constitute  base  lines,  from  which  lines  the  numbering  of 
buildings  fronting,  or  situated  on  streets  extending  from  said 
lines  on  either  side,  shall  commence — the  odd  numbers  on  one 
side  and  the  even  numbers  on  the  other  side  of  each  street, 
progressing  alternately  from  side  to  side. 

Second.  All  those  portions  of  any  and  all  streets  intersect- 
ing Main  street,  and  running  parallel  with  the  Illinois  river, 
which  lie  north  of  said  Main  street,  shall  hereafter  be  known 
and  designated  by  the  prefix  “North, ” and  those  which  lie 
south  of  said  Main  street  by  the  prefix  “South,”  to  the  names 
of  said  streets  respectively;  the  odd  numbers  being  placed  on 
the  buildings  situated  on  the  bluff,  or  north-west  side,  and  the 
even  numbers  on  buildings  situated  on  the  river,  or  south- 
east side  of  said  streets. 

Third.  All  those  portions  of  any  and  all  streets  intersecting 
Prairie  street,  and  running  due  north  and  south,  which  lie 
north  of  said  Prairie  street,  shall  hereafter  be  known  and  des- 
ignated by  the  prefix  “ North,”  and  those  which  lie  south  of 
said  Prairie  street  by  the  prefix  “South,”  to  the  names  of  said 
streets  respectively ; the  odd  numbers  being  placed  on  build- 
ings situated  on  the  west  side,  and  the  even  numbers  on  build- 
ings situated  on  the  east  side  of  said  streets. 


Streets. 


753 


Fourth.  All  those  portions  of  any  and  all  streets  extending 
from  Water  street  to  the  river  shall  hereafter  be  known  and 
designated  by  the  prefix  “ East,”  to  the  names  of  said  streets 
respectively;  and  all  those  streets  intersecting  Water  street, 
running  in  a southeast  and  northwest  direction,  shall  have  the 
odd  numbers  placed  on  buildings  situated  on  the  south  side, 
and  even  numbers  on  the  north  side  of  said  streets  respectively. 

Fifth.  In  all  those  streets  extending  from  Franklin  street, 
in  a western  direction,  the  odd  numbers  shall  be  placed  on 
buildings  situated  on  the  south  side,  and  even  numbers  on  the 
north  side  of  said  streets  respectively. 

Sixth.  Each  block  shall  be  so  divided  in  the  numbering 
that  there  shall  be  one  number  allowed,  as  far  as  practicable, 
for  every  twenty  feet  of  ground  fronting  on  the  several  streets. 

Seventh.  Said  numbering  shall  be  done  in  what  is  known 
as  the  Philadelphia,  or  St.  Louis  plan  of  hundreds  to  a block, 
numbering  from  the  base  lines  mentioned  in  clause  First  of 
this  section,  beginning  at  ioo  at  each  base  line,  north,  south, 
east,  or  west,  as  the  case  may  be. 

1978.  Size  of  Figures.]  § 47.  The  figures  of  every 
number  shall  not  be  of  less  dimensions  than  two  and  one-half 
inches  in  length;  each  figure  shall  be  legible,  and  placed  in  a 
conspicuous  position  on  the  front  side,  or  above  the  front  door 
on  every  building. 

1979.  Assign  Numbers  for — Council  to  Appoint  Each 
Year.]  § 48.  It  shall  be  the  duty  of  the  city  council,  at 
their  first  regular  meeting  in  January  of  each  and  every  year, 
or  as  soon  thereafter  as  may  be,  to  select  some  person,  whose 
duty  it  shall  be  to  assign  the  proper  numbers  to  the  several 
buildings,  in  accordance,  with  the  provisions  of  this  article, 
and  notify  the  owner,  or  owners,  occupant,  or  occupants,  of 
the  said  buildings,  of  the  numbers  so  assigned. 

1980.  Duty  of  Owner  or  Occupant  to  Number — Notice 
— Neglect — Penalty.]  § 49.  Any  person,  or  persons,  being 

49 


754 


Ordinances. 


the  owner,  or  owners,  occupant,  or  occupants,  of  any  build- 
ing, or  buildings,  now  erected,  or  which  may  hereafter  be 
erected,  and  being  upon  and  fronting  on  any  of  the  streets  of 
the  city  of  Peoria,  who  shall  neglect,  or  refuse,  to  number  his, 
or  their,  building,  or  buildings,  in  conformity  with  the  provis- 
ions of  this  article,  for  more  than  thirty  days  after  they  have 
been  notified  to  do  so  by  the  officer  appointed  to  perform  that 
duty,  shall  forfeit  and  pay  the  sum  of  three  dollars. 

ARTICLE  52. 

STREET  RAILROADS. 


Section. 

1981.  Regulations— Restrictions. 

1982.  Grant  of  Franchise. 

1983.  Petition— When  Street  to  be  Used  is 

More  than  Mile  Long. 

1984.  Grant  of  Permit — Application  for— 

How  Made. 

1985.  Applicant  to  Give  Public  Notice  of 

Petition  for — How  Given. 

1986.  Proof  of  Publication— How  Made- 

Damages— Bond  for. 

1987.  Control  of  Streets  Reserved— Police 

Power. 

1988.  How  Tracks  of  in  Streets  to  be  Main- 

tained—Notice  to — Penalty. 


Section. 

1989.  Drains  and  Culverts  Under  Tracks— 

Space  Between  - How  to  be  Kept. 

1990.  Duty  of  Company  to  Pave,  etc.— 

When. 

1991.  Franchise  Street  Railroad  in  Im- 

proved Streets— Person  Obtaining 
Right— to  Pay  for. 

1992.  Rules  and  Regulations. 

1993.  Must  Comply  with  Conditions — Pen- 

alty. 

1994.  Franchise— Limit  of  Grant. 

1995.  Provisions  to  Form  Part  of  Grant— 

When. 


1981.  Regulations — Restrictions.]  § 1.  Any  individ- 
ual, company,  or  corporation,  to  whom  shall  hereafter  be 
granted  the  privilege  to  construct  and  operate  street  railroads 
in  the  city  of  Peoria,  and  all  persons,  companies,  and  corpora- 
tions, operating  roads  already  established,  shall  be  guided, 
governed,  and  regulate  by  the  conditions  and  restrictions, 
hereinafter  set  forth,  and  by  any  such  further  rules,  regula- 
tions, restrictions,  and  conditions,  as  the  city  council  may,  at 
any  time  hereafter,  prescribe. 

1982-  Grant  of  Franchise.]  § 2.  The  city  council 
shall  not  grant  a franchise  to  any  person,  company,  or  corpo- 
ration, to  construct,  or  maintain  any  elevated  railroad,  or  any 


Street  Railroads. 


755 


elevated  way,  or  conveyor,  to  be  operated  by  steam  power, 
electricity,  horse  or  any  other  motive  power,  over,  in,  along, 
or  upon  any  of  the  streets,  avenues,  or  alleys  of  the  city  of  Peo- 
ria, except  upon  a petition  of  the  owners  of  the  land  represent- 
ing more  than  one-half  of  the  frontage  of  the  streets,  avenues, 
or  alleys,  or  so  much  thereof  as  is  sought  to  be  used  for  such 
elevated  railroad,  or  elevated  way,  or  conveyor  for  street  rail- 
road purposes. 

1983.  Petition  When  Street  to  Be  Used  is  More  Than 
Mile  Long\J  § 3.  When  the  street,  avenue,  or  alley,  or  part 
thereof  sought  to  be  used  for  any  of  the  purposes  afore- 
said, shall  be  more  than  one  mile  in  extent,  no  petition  of 
land-owners  shall  be  valid  for  the  purposes  of  this  ordinance, 
unless  the  same  shall  be  signed  by  the  owners  of  the  land  rep- 
resenting more  than  one-half  of  the  frontage  of  each  mile,  and 
fractional  part  of  a mile,  of  such  street  or  alley,  or  the  part 
thereof  sought  to  be  used  for  any  of  the  purposes  aforesaid. 

1984-  Grant  or  Permit — Application  for — How  Made.] 

§ 4.  Subject  to  the  provisions  of  the  preceding  sections  of 
this  article,  all  applications  for  permission  to  construct  and 
operate  street  railroads  in  the  city  of  Peoria,  shall  be  made  to 
the  city  council  in  writing,  setting  forth  the  name  and  address 
of  the  applicant,  the  termini  of  the  proposed  line,  the  streets, 
avenues  or  alleys,  in  which  it  is  proposed  to  construct  the 
same,  the  number  of  tracks  to  be  laid  in  each  street,  with  such 
turn-outs,  side  tracks,  and  turn-tables  as  may  be  necessarv, 
all  of  which  shall  be  delineated  on  a plat  to  be  furnished  with 
the  application. 

1985.  Applicant  to  Give  Public  Notice  of — Petition  for 
— How  Given.]  § 5.  No  action  shall  be  taken  by  the  city 
council  on  any  such  application,  until  the  person  asking  the 
consent  of  the  city  council  to  operate  and  construct  any  such 
railroad,  shall  have  given  at  least  ten  days  public  notice  of  the 
time  and  place,  of  presenting  any  such  application,  or  petition, 


756 


Ordinances. 


The  notice  of  such  application,  or  petition  shall  be  given  by 
publication  in  some  public  newspaper,  of  general  circulation, 
published  in  the  city  of  Peoria,  and  printed  in  the  English 
language. 

1986.  Proof  of  Publication — How  Made — Damages — 
Bond  for,]  § 6.  Proof  of  the  publication  of  such  notice  shall  be 
made  jto  the  city  council,  by  a copy  of  the  notice  attached  to  the 
certificate  of  the  publisher,  certifying  as  to  its  correctness,  and 
also  as  to  the  number  of  times,  and  dates  on  which  such  no- 
tice was  published.  The  applicant,  or  petitioner  shall  also  be- 
fore any  such  grant  is  given  by  the  city  council,  execute  a 
bond  to  the  city  of  Peoria,  with  two  or  more  sureties,  to  be 
approved  by  said  council,  and  in  such  sum  as  they  may  de- 
termine, conditionec  that,  the  applicant,  or  petitioner,  in  the 
event  that  the  grant  asked  for  by  the  petitioner  is  allowed  by 
the  city  council,  will  pay  all  damages  to  owners  of  property 
abutting  upon  the  street,  avenue,  alley  or  public  ground,  upon 
or  over  which  such  road  is  to  be  constructed,  which  they 
may  sustain  by  reason  of  the  location  or  construction  of  the 
road;  the  same  to  be  ascertained  and  paid  in  the  manner  pro- 
vided by  law  for  the  exercise  of  the  right  of  eminent  domain. 

1987.  Control  of  Streets  Reserved — Police  Power.] 

§ 7.  Every  grant  to  any  such  person,  company  or  corpora- 
tion, of  a right  to  use  any  of  the  streets,  avenues,  alleys,  or 
public  grounds  in  the  city  of  Peoria,  shall  at  all  times  there- 
after, be  subject  to  the  right  of  the  proper  authorities  to  con- 
trol the  use,  improvement  and  repair  of  such  street,  avenue, 
alley,  or  public  ground,  to  the  same  extent  as  if  no  such  grant 
had  been  made,  and  to  make  all  necessary  police  regulations 
concerning  the  management  and  operation  of  such  street  rail- 
road, whether  such  right  is  reserved  in  the  grant  or  not. 

1988.  How  Tracks  of  in  Streets  to  be  Maintained — 
Notice  to — Penalty.]  § 8.  It  shall  be  the  duty  of  any  per- 
son, company  or  corporation,  now  operating,  controlling,  or 


Street  Railroads. 


757 


maintaining,  or  that  may  hereafter  own,  operate,  or  control  a 
street  railroad  in  any  of  the  streets,  avenues,  alleys,  or  other 
public  grounds  of  the  city  of  Peoria,  to  raise  or  lower  their 
tracks  to  conform  to  any  grade  which  is  or  may  hereafter  be 
established  by  the  city  council  for  any  street,  avenue,  alley,  or 
other  public  ground  upon,  along  or  over,  which  any  of  said 
tracks  now  are,  or  may  hereafter  be  laid,  and  where  any  such 
tracks  run  lengthwise  of  any  street  or  avenue,  to  keep  said 
tracks  on  an  even  grade  with  the  surface  of  such  streets,  so 
that  the  same  may  be  conveniently  crossed  at  any  place.  Any 
such  person,  company,  or  corporation,  failing,  neglecting  or 
refusing  to  comply  with  the  provisions  of  this  section^,  within 
thirty  days  after  written  notice  from  the  commissioner  of  pub- 
lic works  of  the  city,  shall  on  conviction  be  subject  to  a pen- 
alty of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars,  for  each  offense,  and  each  and  every  day’s  neglect, 
after  said  notice,  shall  be  deemed  to  be  a separate  offense 
within  the  meaning  of  this  section. 

1989.  Drains  and  Culverts  Under  Tracks — Space  Be- 
tween— How  to  be  Kept.]  § 9.  Every  company,  or  cor- 
poration, now  operating,  or  that  may  hereafter  operate,  or 
maintain  any  street  railroad,  as  aforesaid,  shall,  at  their  own 
expense,  construct,  maintain,  and  at  all  times  keep  in  good 
condition  and  repair,  drains  or  culverts  along  the  streets  where 
their  tracks  are  laid,  where  any  of  said  streets  are  intersected 
by  cross  streets  or  alleys,  and  said  drains,  or  culverts,  shall  be 
so  constructed  and  maintained,  as  to  afford  a ready  means  of 
carrying  off  the  water  from  falling  rains,  or  melting  snows 
flowing  down  any  of  such  intersecting  streets,  or  alleys,  and 
in  such  manner  as  to  afford  a safe  and  convenient  crossing  for 
the  public  at  such  intersections,  over  said  tracks,  and  all  the 
space  between  the  outside  rails  of  any  of  said  tracks,  shall  be 
so  graded  and  maintained,  as  to  render  said  tracks  convenient 
for  vehicles  to  cross  at  any  place  along  any  street  where  any 


75§ 


Ordinances. 


of  said  tracks  may  be  laid,  or  any  street  railroad  is  operated. 
And  every  person,  company,  or  corporation,  failing,  neglect- 
ing, or  refusing  to  comply  with  the  provisions  of  this  section, 
after  notice,  as  provided  in  the  preceding  section,  within  thirty 
days,  shall  be  subject  to  alike  penalty,  as  is  therein  prescribed. 
And  each  day’s  neglect  shall  be  deemed  to  be  a separate  of- 
fense within  the  meaning  of  this  section. 

1990.  Duty  of  Company  to  Pave,  Etc. — When.J  § io. 

When  any  street,  avenue  or  alley  in  said  city,  upon,  along  or 
through  which  any  street  railroad  track,  now  is,  or  may  here- 
after be  laid,  operated,  or  used,  shall  be  ordered  paved,  by  the 
city  council,  it  shall  be  the  duty  of  any  person,  company  or 
corporation,  owning,  operating  or  controlling  such  street  rail- 
road track,  or  tracks,  to  pave  all  that  portion  of  the  street, 
avenue  or  alley,  where  any  of  said  tracks  are  laid,  that  is  in- 
cluded in  the  space  between  the  rails  of  said  track,  or  tracks, 
and  between  the  tracks  and  an  additional  space  of  one  foot 
along  the  outside  line  of  said  track,  or  tracks,  upon  all  the 
streets,  avenues,  alleys  or  other  public  grounds  of  the  city 
where  any  of  said  track,  or  tracks,  now  are,  or  may  at  any 
time  hereafter  be,  run  or  laid,  in  the  same  manner  as  the  re- 
maing  portions  of  the  street  on  each  side  of  said  space  is 
paved,  or  in  such  other  manner  as  the  city  council  may,  by 
ordinance,  direct,  and  in  case  of  default  on  the  part  of  any 
such  person,  company  or  corporation,  to  comply  with  the 
above  requirements,  at  the  time  the  remaining  portions  of  the 
street,  as  aforesaid,  are  paved,  the  city  council  may  cause  any 
of  such  street  railroad  track,  or  tracks,  to  be  taken  up,  and 
the  space  in  such  streets,  as  aforesaid,  to  be  paved  in  pur- 
suance with  the  provisions  hereof,  and  every  such  person, 
company  or  corporation,  shall  be  liable  to  the  city  of  Peoria 
for  the  cost  and  expense  of  such  pavement,  in  said  space,  or 
portion  of  any  of  said  streets,  avenues,  alleys  or  other  public 
grounds  of  the  city,  where  any  of  said  street  railroad  tracks 
run,  or  are  laid,  with  lawful  interest  thereon  from  the  comple- 


Street  Railroads. 


759 


tion  of  the  work;  to  be  recovered  by  the  city  of  Peoria  of  any. 
person,  company  or  corporation  so  in  default,  before  any  court 
of  competent  jurisdiction. 

1991.  Franchise  for  Street  Railroad  in  Improved 
Streets  — Person  Obtaining  Right  to  Pay  for,]  § n. 

Hereafter  all  franchises  or  rights  of  way  given  or  granted  by 
the  city  council  of  the  city  of  Peoria  to  any  person,  company 
or  corporation,  to  lay,  construct  and  maintain  a street  railroad 
in  any  of  the  streets,  avenues  ot;  alleys  in  the  city  of  Peoria,  on 
which  a pavement  has  been  laid,  in  whole  or  in  part  at  the  ex- 
pense of  property  owners  abutting  thereon,  the  person,  com- 
pany or  corporation,  before  such  right,  or  privilege,  is  granted, 
shall  pay,  or  cause  to  be  paid,  to  the  city  treasurer,  for  the  use 
of  contiguous  property  owners  on  any  such  improved  streets 
to  be  taken  for  the  purposes  aforesaid,  a rateable  proportion  of 
the  cost  of  the  street,  avenue  or  alley,  so  taken,  as  the  part 
taken  for  such  street  railroad  purposes,  bears  to  the  entire 
width  of  any  such  street,  avenue  or  alley,  paved,  and  paid  for 
as  aforesaid.  And  this  section  shall  be  deemed  to  be  a part 
of  every  such  right  or  privilege,  hereafter  granted  by  the  city 
council  of  the  city  of  Peoria  to  any  person,  company  or  cor- 
poration, unless  repealed  by  express  words  in  the  ordinance, 
or  ordinances,  granting  any  such  franchise,  right  or  privilege. 

1992-  Rules  and  Regulations.]  § 12.  Every  person, 
company  or  corporation,  now  operating,  or  that  may  hereafter 
be  granted  the  right  to  operate,  street  railroads  in  any  of  the 
streets,  avenues,  alleys,  or  other  public  grounds  of  the  city  of 
Peoria,  shall  be  subject  to  and  observe  the  following  rules  and 
regulations : 

First . Cars  driven  in  the  same  direction  shall  not  approach 
each  other  w'ithin  a distance  of  twenty  feet. 

Second.  While  the  cars  are  turning  the  corners,  from  one 
street  to  another,  they  shall  not  be  driven  or  propelled  at  a 


760 


Ordinances. 


rate  of  speed  exceeding  five  miles  an  hour,  and  the  rate  of 
speed  of  all  cars,  at  all  times,  shall  be  subject  to  the  direction 
of  the  city  council. 

Third.  No  car  shall  be  allowed  to  stop  on  a cross-walk, 
nor  in  front  of  any  intervening  street,  except  to  avoid  collision, 
or  to  prevent  danger  to  persons  in  the  street;  nor  shall  any  car 
be  left  standing  in  any  street  or  highway  at  any  time,  unless 
the  same  is  waiting  for  passengers. 

Fourth.  The  conductors  shall  announce  to  the  passengers 
the  names  of  the  principal  streets  along  the  route,  and  the 
streets,  or  places  wherever  the  cars  cross  in  connection  with 
ar.y  other  street  railroad  track. 

Fijth.  The  conductors,  or  drivers,  as  the  case  may  be,  of 
each  car  shall  keep  a vigilant  watch  for  all  teams,  carriages, 
persons  on  the  track  or  tracks,  and  on  the  first  appearance  of 
danger  to  such  team  or  person,  the  car  shall  be  stopped  in  the 
shortest  time  and  space  possible. 

Sixth.  All  such  cars  shall  be  provided  with  signal  lights, 
which  lights  shall,  at  dusk,  be  placed  on  each  end  of  the  car, 
in  such  manner  as  to  render  them  conspicuous  to  public  travel 
from  either  direction  on  the  line  of  the  track,  tracks  on 
which  any  of  said  cars  run,  all  such  cars  propelled  by  other 
than  animal  power  shall  have  placed  on  each  end  thereof,  on 
the  outside,  a gong  or  other  suitable  device,  and  the  person 
in  charge  of,  or  propelling  any  of  such  cars,  shall  cause  said 
gong,  or  other  device  to  be  sounded,  or  rung  at  least  one  hun- 
dred feet  from  the  place  where  such  street  railroad  track  or 
tracks  crosses,  or  intersects  any  other  street,  or  public  high- 
way, and  shall  be  kept  sounding  or  ringing,  until  such  street, 
or  public  highway,  is  reached,  and  all  such  cars,  propelled  by 
horse,  or  other  animal  power,  shall  at  all  times  have  a bell  at- 
tached to  some  portion  of  the  harness. 

Seventh.  All  street  cars  stopping  at  the  intersection  or 
crossing  of  any  street,  or  avenue  within  the  city  of  Peoria, 


Street  Railoads. 


167 


shall  stop  with  the  rear  platform  of  the  car  at  the  further  side 
or  walk  thereof,  so  that  the  car  when  stopped,  shall  not  inter- 
fere with  the  public  travel  on  such  intersections,  or  crossing, 
of  any  of  the  streets  or  avenues.  And  it  shall  be  the  duty  of 
every  individual,  company  or  corporation,  now  operating,  or 
that  may  hereafter  be  granted  the  privilege  to  construct  and 
operate  street  railroads  in  the  city  of  Peoria,  to  cause  all  the 
cars  operated  thereon,  to  be  so  heated,  during  cold  weather, 
as  to  render  them  comfortable  to  public  travel. 

Eighth . No  person,  company,  or  corporation,  that  are  now, 
or  that  may  hereafter,  be  granted  the  right  to  operate  a street 
railroad  in  the  city  of  Peoria,  shall  be  permitted  to  remove 
the  snow  which  may  fall  upon  any  of  their  said  track,  or 
tracks,  upon  the  roadway  of  any  of  the  streets,  or  avenues, 
upon  and  along  which  any  of  said  tracks  may  run,  except, 
that  the  same,  when  removed  from  said  track,  or  tracks,  to 
said  roadway  be  evenly  distributed  over  the  surface  thereof, 
and  in  such  manner  as  shall  not  interfere  with  the  free  use  and 
occupancy  of  such  streets,  and  avenues,  by  the  public:  Pro- 
vided, that  no  such  person,  company,  or  corporation,  shall  be 
permitted,  in  removing  snow  from  their  said  tracks,  to  deposit 
and  allow  the  same  to  remain  on  any  cross  walk,  intersecting 
any  of  said  tracks,  for  a longer  period  than  thirty  minutes, 
and  every  such  crossing  shall,  within  the  time  aforesaid,  be 
cleaned  by  such  person,  company,  or  corporation. 

Ninth.  Every  individual,  company,  or  corporation,  to  whom 
has  been  granted,  or  to  whom  may  hereafter  be  granted,  the 
right  to  operate,  maintain,  or  construct  a street  railroad,  in  any 
of  the  streets,  avenues,  alleys,  or  other  public  grounds  of  the 
city  of  Peoria,  is  hereby  required  to  sprinkle,  or  pay  the  cost 
of  sprinkling,  the  right  of  way  used  by  them,  in  and  upon  any 
street,  avenue,  alley,  or  other  public  grounds  of  the  city, 
through,  or  over  which  such  railroad  may  be  built,  in  all  cases 


762 


Ordinances 


where  the  remainder  of  such  streets,  avenues,  alleys,  or  other 
public  grounds,  are  sprinkled  by  the  city,  or  the  property 
owners. 

1993.  Must  Comply  With  Conditions — Penalty.]  § 13. 

Said  individuals,  companies,  and  corporations  shall  perform 
all  and  singular,  the  conditions  of  this  article,  together  with, 
all  and  singular,  the  further  and  future  orders  of  the  city 
council  of  the  city^  of  Peoria,  in  relation  to  said  street 
railroads,  and  every  such  individual,  company,  or  corporation, 
failing,  or  refusing  to  observe  and  comply  with  the  forgoing 
requirements,  shall  be  deemed  to  be  guilty  of  a misdemeanor, 
under  this  article,  and  upon  conviction  thereof,  shall  be  subject 
to  a penalty  of  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars  for  each  offense. 

1994-  Franchise — Limit  of  Grant.  J § 14.  No  grant, 
under  the  provisions  of  this  article,  shall  be  made  for  a longer 
period  than  twenty  years,  from  the  date  of  such  grant:  Pro- 
vided, that  no  right  in  any  additional  extension,  track,  or 
tracks,  shall  be  made  to  extend  beyond  the  period  specified  in 
the  grant  for  the  main  line. 

1995.  Provisions  to  Form  Part  of  Grant  — When.] 

§ 15.  The  provisions  of  this  article,  so  far  as  applicable,  and 
unless  expresslv  repealed,  shall  be  considered  as  entering  into 
and  forming  a part  of  every  such  grant  hereafter  made, 
whether  specifically  set  forth,  or  referred  to,  in  the  ordinance 
making  the  grant  01  not. 


Telegraph  and  Telephone  Poles. 


763 


ARTICLE  53. 

TELEGRAPH  AND  TELEPHONE  POLES. 


Section. 

1996.  Authority  of  Council  to  Erect,  or 

Put  Up. 

1997.  Poles — Who  to  have  Charge  and  Con- 

trol of. 


Section. 

1998.  Poles  — Plat  of  Route  to  be  Sub- 

mitted. 

1999.  Poles — Where  Placed. 

2000.  Rights  Reserved  to  City. 


1996.  Permit  to  Erect.]  § 1.  No  person,  company, 
or  corporation  whatever,  shall  erect,  or  set  up,  in  any  of  the 
streets,  avenues,  alleys,  or  other  public  places,  or  grounds,  of 
the  city  of  Peoria,  any  pole,  poles,  or  other  means  of  support, 
from  and  over  which  any  wires  are  strung  and  extended  for 
the  purposes  of  communication,  or  for  any  other  purpose  what- 
soever, without  first  having  obtained  permission  and  authority 
from  the  city  council  so  to  do. 

1997-  Poles — Who  to  Have  Charge  and  Control  of.] 

§ 2.  All  poles  set,  or  erected,  under  the  authority  of  the  pro- 
visions of  the  preceding  section,  shall  be  under  the  charge  and 
control  of  the  commissioner  of  public  works,  subject  to  the 
provisions  of  the  ordinances  of  the  city  of  Peoria  granting 
such  privilege. 

1998.  Poles  — Plat  of  Route  to  be  Submitted.]  § 3. 

Any  person,  firm,  company,  or  corporation,  applying  to  the 
city  council  for  permission  to  erect,  or  set  up,  poles,  as  pro- 
vided in  section  one  of  this  article,  shall  accompany  the  appli- 
cation for  such  permission  with  a plat,  on  which  shall  be  des- 
ignated the  public  streets  and  alleys  of  the  city  desired  to  be 
used  by  the  applicant  for  such  purpose,  which  said  plat  shall 
be  filed  with  the  commissioner  of  public  works,  and  be  and 
remain  the  property  of  the  city. 

1999-  Poles — Where  Placed.]  § 4.  Upon  the  granting 
of  the  right  by  the  city  council  to  any  person,  firm,  company, 
or  corporation,  to  erect,  or  set  up,  poles  in  any  of  the  streets, 


764 


Ordinances. 


avenues,  alleys,  or  other  public  grounds  of  the  city,  all  such 
poles  to  be  erected,  or  set  up,  shall  be  placed  at  the  outside 
edge  of  the  sidewalk,  and  next  to  the  curb  stone,  or  curb  line, 
and  the  kind  and  character  of  poles,  the  length  of  the  same, 
the  manner  in  which  said  poles  shall  be  maintained  and  kept, 
the  purposes  for  which  said  poles  may  be  used,  and  any  and 
all  such  other  terms  and  conditions  as  the  city  council  may 
deem  expedient,  shall  be  fully  set  forth  in  the  authority  of  the 
city  council,  granting  any  such  permit  or  privilege,  as  afore- 
said. 

2000.  Rights  Reserved  to  City.]  § 5.  In  case  the  said 
city  shall  change  the  width  or  grade  of  any  street,  sidewalk, 
or  alley,  where  said  poles  are,  or  may  be  placed,  or  when,  for 
any  reason,  the  city  council  shall  direct  the  same  to  be  done, 
the  parties  owning,  or  controlling,  said  poles  shall  remove  and 
reset  the  same  at  such  place  and  in  such  manner  as  the  city 
council  may  direct,  whether  such  provision  is  specifically  set 
forth  or  not,  in  the  grant  of  any  such  privilege. 

ARTICLE  54. 

TREES. 


Section.  Section. 

2001.  Must  be  Inside  Curb  Line.  2003.  Trees— In  Street,  Etc. — How  to  be 

2002.  Trees-Where  Placed.  Trimmed. 

2004.  Injury  to  Trees— Penalty. 

2001-  Must  be  Inside  Curb  Line.]  § i.  Any  person 
desiring  to  plant  or  set  trees  in  and  along  the  sidewalk  line  of 
any  of  the  streets,  or  avenues  of  the  city  of  Peoria,  shall  first 
apply  to  the  commissioner  of  public  works  for  a permit  so  to 
do.  And  no  person  shall  have  authority  to  set  out  trees  in  any 
of  said  streets  or  avenues,  except  upon  the  written  permit  of 
said  commissioner. 

2002.  Trees — Where  Placed.]  § 2.  All  trees  planted 
or  set  out  by  any  person  under  such  permit  shall  be  placed  in- 


Trees, 


765 


side  the  curbstone,  or  curb  line,  the  distance  of  one  foot,  and 
not  closer  together  than  the  distance  of  twenty  feet : Provided , 
that  when  in  the  improvement  of  any  of  the  streets  or  avenues 
of  said  city,  a park,  or  lawn  is  established  in  the  sidewalk  space 
between  the  curbstone,  or  curb  line  and  lot  line,  trees  may  be 
placed,  or  set  in  such  park  or  lawn,  at  such  distance  from  said 
curb  line,  and  in  such  manner  as  said  commissioner  shall,  by 
his  written  permit,  direct. 

2003.  Trees  in  Streets,  Etc.  — How  to  Trimmed.] 

§ 3.  It  shall  be  the  duty  of  the  owner,  or  occupant  of  the 
premises,  now  having  trees  in  any  of  the  public  streets,  or  av- 
enues of  the  city,  or  that  may  hereafter  set  out,  maintain  and 
cultivate  trees  in  any  of  said  streets,  or  avenues,  to  cultivate 
and  maintain  the  same  in  such  manner  as  not  to  interfere  with 
the  free  and  unimpeded  use  of  the  sidewalks,  in  any,  or  along 
any  of  such  streets,  and  avenues,  and  to  keep  the  boughs  and 
branches  cut  or  trimmed  close  to  the  trunk  or  body  of  the 
tree,  at  least  ten  feet  above  the  surface  of  the  sidewalk. 

2004-  Injury  to  Trees — Penalty.]  § 4.  No  person 
other  than  the  owner  of  the  abbutting  property,  shall  cut  down, 
destroy,  break  or  in  any  way  injure  any  tree,  or  shrub,  stand- 
ing in  any  street,  avenue,  or  public  place  of  the  city,  except  by 
permission  of  the  city  council,  or  the  commissioner  of  public 
works.  Any  person  violating  the  provisions  of  this  section 
shall,  upon  conviction,  forfeit  and  pay  not  less  than  five  dollars, 
nor  more  than  twenty-five  dollars,  for  each  offense. 


766 


Ordinances. 


ARTICLE  55. 

WARD  BOUNDARIES. 


Section. 

2005.  First  Ward. 

2006.  Second  Ward. 

2007.  Third  Ward. 

2008.  Fourth  Ward. 


Section. 

2009.  Fifth  Ward. 

2010.  Sixth  Ward. 

2011.  Seventh  Ward. 


2005.  First  Ward.J  § 1.  That  the  boundary  lines  of 

the  First  ward  in  the  city  of  Peoria,  Illinois,  shall  commence 
in  the  middle  of  Peoria  lake  and  the  Illinois  river,  at  the  inter- 
section of  the  north  corporate  limits  of  said  city,  with  the  center 
line  of  said  Peoria  lake  and  Illinois  river;  thence  west  and 
along  the  north  corporate  limits  of  said  city  to  the  center  line 
of  California  avenue  in  said  city;  thence  south  on  the  center 
line  of  California  avenue  to  the  center  line  of  Taylor  street  in 
said  city;  thence  east  to  the  center  line  of  Taylor  street  to  in- 
tersection of  the  center  line  of  Bluff  and  Wayne  streets  in  said 
city;  thence  south  along  the  center  line  of  Wayne  street  to  the 
center  line  of  Greenleaf  street  in  said  city,  thence,  in  a south- 
easterly course  and  along  the  center  line  of  Wayne  street  to  a 
point  in  the  center  of  Peoria  lake  and  Illinois  river,  opposite 
the  center  line  of  Wayne  street  in  said  city;  thence,  in  a north- 
easterly course,  along  the  center  line  of  Peoria  lake  and  Illi- 
nois river  to  the  place  of  beginning,  and  all  territory  lying 
within  said  limits  shall  be  known  and  designated  as  the  First 
ward  of  said  city. 

2006.  Second  Ward.]  § 2.  That  the  boundary  lines 
of  the  Second  ward  in  the  city  of  Peoria,  Illinois,  shall  com- 
mence at  the  intersection  of  the  center  lines  of  Adams  and 
Wayne  streets  in  said  city;  thence  in  a northeasterly  course 
on  the  center  line  of  Wayne  street  to  the  center  line  of  Green- 
leaf  street;  thence  on  the  center  line  of  Greenleaf  street  to  the 
center  line  of  Jackson  street  in  said  city;  thence  in  a north- 


Ward  Boundaries, 


767 


westerly  course,  on  the  center  line  of  Jackson  street  to  the  cen- 
ter line  of  Bluff  street;  thence,  in  a southwesterly  course,  on 
the  center  line  of  Bluff  street  to  the  center  line  of  Main  street; 
thence,  in  a southeasterly  course,  on  the  center  line  of  Main 
street  to  the  center  line  of  Perry  street;  thence,  on  the  center 
line  of  Perry  street  to  the  center  line  of  Franklin  street;  thence 
south  on  the  center  line  of  Franklin  street  to  the  center  line  of 
Adams  street;  thence,  on  the  center  line  of  Adams  street  in  a 
northeasterly  course  to  the  place  of  beginning,  and  all  terri- 
tory lying  within  said  limits  shall  be  known  and  designated  as 
the  Second  ward  of  said  city. 

2007.  Third  Ward.]  § 3.  That  the  boundary  lines  of 
the  Third  ward  in  the  city  of  Peoria,  Illinois,  shall  commence 
at  a point  in  the  center  of  Peoria  Lake  and  Illinois  River  op- 
posite the  center  line  of  Wayne  street  in  said  city;  thence,  run- 
ning in  a northwesterly  course  to  a point  on  said  Wayne  street 
at  the  intersection  of  the  center  lines  of  Wavne  and  Washing- 
ton streets  in  said  city;  thence,  along  said  line  on  the  center 
line  of  Wayne  street  to  the  center  line  of  Adams  street;  thence, 
in  a southwesterly  course  on  the  center  line  of  Adams  street 
to  a point  opposite  the  center  line  of  Prairie  street  at  its  inter- 
section with  Adams  street;  thence  along  the  center  line  of 
Prairie  street  to  the  center  line  of  West  Jefferson  street; 
thence,  along  the  center  line  of  West  Jefferson  street  in  a 
southwesterly  course  to  the  center  line  of  Pecan  street;  thence, 
on  the  center  line  of  Pecan  street  to  a point  in  the  center  of 
the  Illinois  River  opposite  the  center  line  of  Pecan  street  in 
said  city;  thence,  along  the  center  line  of  the  Illinois  River  and 
Peoria  Lake  in  a northeasterly  course  to  the  place  of  begin- 
ning, and  all  territory  lying  within  said  limits  shall  be  known 
and  designated  as  the  Third  ward  of  said  city. 

2008.  Fourth  Ward.]  § 4.  That  the  boundary  lines  of 
the  Fourth  ward  in  the  city  of  Peoria,  Illinois,  shall  com- 
mence at  a point  on  Adams  street  at  the  intersection  of  the 


768 


Ordinances. 


center  lines  of  Adams  and  Franklin  streets;  thence  north  on 
the  center  line  of  Franklin  street  to  the  center  line  of  Perry 
street;  thence  easterly  on  the  center  line  of  Perry  street  to  the 
center  line  of  Main  street;  thence  northwesterly  on  the  center 
line  of  Main  street  to  the  center  line  of  Bluff  street;  thence 
southwesterly  on  the  center  line  of  Bluff  street  to  the  center 
line  of  Montague  or  State  street;  thence  southeasterly,  on  the 
center  line  of  Montague  or  State  street  to  the  center  line  of 
Swinnerton  street;  thence  southwesterly  on  the  center  line 
of  Swinnerton  street  to  the  center  line  of  Fisher  street;  thence 
northwesterly  on  the  center  line  of  Fisher  street  to  the  center 
line  of  Hillyer  Place;  thence  westerly  on  the  center  line  of 
Hillyer  Place  to  the  center  line  of  Shipman  street;  thence  on 
a southerly  course  on  the  center  line  of  Shipman  street  to  the 
center  line  of  Seventh  avenue;  thence  westerly  on  the  center 
line  of  Seventh  avenue  to  the  center  line  of  Spencer  street; 
thence  south  on  the  center  line  of  Spencer  street  to  the  center 
line  of  Persimmon  street;  thence  southeasterly  on  the  center 
line  of  Persimmon  street  to  West  Jefferson  street;  thence 
northeasterly  on  the  center  line  of  West  Jefferson  street  to  the 
center  line  of  Prairie  street;  thence  easterly  on  the  center  line 
of  Prairie  street  to  the  center  line  of  Adams  street  opposite 
the  center  line  of  Prairie  street;  thence  on  the  center  line  of 
Adams  street  to  the  point  of  beginning,  and  all  the  territory 
lying  within  said  limits  shall  be  known  and  designated  as  the 
Fourth  ward  of  said  city. 

2009.  Fifth  Ward.  | § 5-  That  the  boundary  lines  of 

the  Fifth  ward  in  the  city  of  Peoria,  Illinois,  shall  commence 
at  a point  at  the  intersection  of  the  center  lines  of  Greenleaf 
and  Wayne  streets,  in  said  city;  thence,  northeasterly  on  the 
center  line  of  Wayne  street,  to  a point  on  Bluff  street,  at  the 
intersection  of  the  center  line  of  Bluff  and  Taylor  streets; 
thence,  west,  on  the  center  line  of  Taylor  street,  to  the  center 
line  of  California  avenue;  thence,  north,  on  the  center  line  of 
California  avenue  to  the  north  corporate  limits  of  said  city; 


Ward  Boundaries. 


769 


thence,  on  the  line  of  the  north  corporate  limits  of  said  city,  to 
the  western  line  of  the  west  corporate  limits  of  said  city; 
thence,  south,  on  the  west  corporate  limits  of  said  city,  to  the 
center  line  of  Seventh  avenue;  thence,  northeasterly,  on  the 
center  line  of  Seventh  avenue,  to  a point  opposite  the  center 
line  of  Sand  street;  thence,  south,  on  the  center  line  of  Sand 
street,  to  a point  opposite  the  center  line  of  Third  street; 
thence,  east,  on  the  center  line  of  Third  street,  to  the  center 
line  of  Spencer  street;  thence,  north,  on  the  center  line  of 
Spencer  street,  to  the  center  line  of  Seventh  avenue;  thence, 
east,  on  the  center  line  of  Seventh  avenue,  to  the  center  line 
of  Shipman  street;  thence,  north,  on  the  center  line  of  Ship- 
man  street,  to  the  center  line  of  Hillyer  Place;  thence,  north- 
easterly, on  the  center  line  of  Hillyer  Place,  to  the  center  line 
of  Fisher  street;  thence,  southeasterly,  on  the  center  line  of 
Fisher  street,  to  the  center  line  of  Swinnerton  street;  thence, 
northeasterly,  on  the  center  line  of  Swinnerton  street,  to  the 
center  line  of  Montague,  or  State  street;  thence,  northwesterly, 
along  the  center  line  of  Montague,  or  State  street,  to  the  cen- 
ter line  of  Bluff  street;  thence,  northeasterly,  on  the  center  line 
of  Bluff  street,  to  the  center  line  of  Jackson  street;  thence, 
southeasterlv,  on  the  center  line  of  Jackson  street,  to  the  cen- 
ter of  Greenleaf  street;  thence,  on  the  center  line  of  Greenleaf 
street,  to  the  point  of  beginning,  and  all  the  territorv  lying 
within  said  limits  shall  be  known  and  designated  as  the  Fifth 
ward  of  said  city. 

2010.  Sixth  Ward.]  § 6.  That  the  boundary  lines  of 
the  Sixth  ward  of  the  city  of  Peoria,  Illinois,  shall  commence 
at  a point  on  West  Jefferson  street  at  the  intersection  of  the 
center  lines  of  West  Jefferson  and  Persimmon  streets;  thence, 
northwesterly,  on  the  center  line  of  Persimmon  street,  to  the 
center  line  of  Spencer  street;  thence,  north,  on  the  centerline 
of  Spencer  street,  to  the  center  line  of  Third  street;  thence, 
west,  on  the  center  line  of  Third  street,  to  the  center  line  of 
50 


770 


Ordinances. 


Sand  street;  thence,  north,  on  the  center  line  of  Sand  street,  to 
the  center  line  of  Seventh  avenue;  thence,  southwesterly,  on 
the  center  line  of  Seventh  avenue,  to  the  west  corporate  limits 
of  said  city;  thence,  south,  on  the  line  of  the  west  corporate 
limits  of  said  city,  to  the  center  line  of  Lincoln  avenue;  thence, 
east,  on  the  center  line  of  Lincoln  avenue,  to  the  center  line  of 
Adams  street;  thence,  northeasterly,  on  the  center  line  of  Ad- 
ams street,  to  the  center  line  of  Pecan  street;  thence,  north- 
westerly, on  the  center  line  of  Pecan  street,  to  the  center  line 
of  West  Jefferson  street;  thence,  northeasterly,  on  the  center 
line  of  West  Jefferson  street,  to  the  place  of  beginning,  and 
all  territory  lying  within  said  limits  shall  be  known  and  desig- 
nated as  the  Sixth  ward  of  said  city. 

2011.  Seventh  Ward.]  § 7-  That  the  boundary  lines 
of  the  Seventh  ward  in  the  city  of  Peoria,  Illinois,  shall  com- 
mence at  a point  in  the  center  of  the  Illinois  river,  opposite  the 
center  line  of  Pecan  street,  in  the  city  of  Peoria;  thence,  north- 
westerly on  a line  to  a point  on  the  center  line  of  Adams  street 
in  said  city  at  the  intersection  of  the  center  line  of  Pecan  and 
Adams  streets;  thence,  southeasterly  on  the  center  line  of 
Adams  street  to  the  center  line  of  Lincoln  avenue;  thence, 
west  on  the  center  line  of  Lincoln  avenue  to  the  west  line  of 
the  corporate  limits  of  the  said  city;  thence,  south  on  the  line 
of  the  west  corporate  limits  of  said  city  to  the  line  of  the  south 
corporate  limits  of  said  city;  thence,  east  on  the  line  of  the 
south  corporate  limits  of  said  city  to  the  center  line  of  the 
Illinois  river;  thence,  on  the  center  line  of  the  Illinois  river  to 
the  point  of  beginning,  and  all  the  territory  lying  within  said 
limits  shall  be  known  and  designated  as  the  Seventh  ward  of 
said  city. 

[Passed  by  the  city  council  February  1 6,  1892.] 


Water  Works. 


771 


ARTICLE  56. 


WATER  WORKS, 


Section. 


Section. 


2012.  Subject  to  Provisions  of. 


2016.  Interference  with  Service  Pipes, 
Mains,  Etc. 


20x3.  Taking  Water  From,  or  Injury  to 
Hydrants. 


2017.  Wrenches,  Etc.,  Furnished  to  Fire 
Department— Not  to  Be  Used— Ex- 
cept. 


2014.  Interference  with  Hydrants,  Stop- 
cocks, Etc. 


2018.  Public  Fountains — Injury  to— Carry- 
ing Away,  or  Polluting  Water  in— 
Penally. 


2015.  Connections  with  Water  Works  Sys- 
tem-Person Performing  Work  must 
be  Licensed. 


2012.  Subject  to  Provisions  of.]  § 1.  The  water 
works  system  of  the  city  of  Peoria  are  hereby  declared  to  be 
subject  to  the  conditions,  limitations,  and  full  provisions,  of  an 
ordinance  of  the  city,  entitled,  “An  ordinance  for  an  improved, 
enlarged,  and  extended  system  of  water  works  for  the  city  of 
Peoria,  Illinois,”  etc.,  passed  by  the  city  council  of  the  city  of 
Peoria,  on  May  4th,  A.  D.  1889,  and  the  several  revisions, 
and  amendments,  by  said  council,  made  thereto,  together  with 
such  other  and  further  conditions  and  agreements  as  may 
hereafter  be  made  and  entered  into  between  the  said  city  of 
Peoria  and  the  grantees  named  in  said  ordinance,  passed  on 
the  4th  day  of  May,  A.  D.  1889,  as  aforesaid,  or  their  as- 
signs. 

2013-  Taking  Water  From,  or  Injury  to  Hydrants.] 

§ 2.  That  no  person,  or  persons,  other  than  the  members  of 
the  fire  department  of  the  city  for  the  uses  and  purposes  of 
said  department,  and  those  duly  authorized  by  the  Peoria 
Water  Company,  shall  open  any  of  the  hydrants  of  the  said 
water  works  system  of  the  Peoria  Water  Company,  or  at- 
tempt to  take  water  therefrom,  or  in  any  manner  interfere 
with  or  injure  any  of  said  hydrants. 

2014.  Interference  with  Hydrants,  Stop-Cocks,  Etc.] 

§ 3.  No  person  shall,  in  any  manner,  obstruct  the  free  ac- 
cess to  any  of  the  hydrants  of  said  system,  belonging  to  said 


772 


Ordinances. 


Peoria  Water  Company,  or  to  any  stop-cock,  meter,  elevator 
dial,  or  shut-off  gauge,  connected  with  any  of  the  water  pipes 
of  said  system,  belonging  to  said  company,  by  means  of  any 
coal,  lumber,  brick,  building  material,  or  other  articles,  thing, 
or  hindrance  whatsoever,  or  refuse  the  free  access  thereto  by 
the  proper  city  authority,  or  to  the  said  Peoria  Water  Com- 
pany. 

2015-  Connections  With  Water  Works  System — Per- 
son Performing  Work  Must  be  Licensed.]  § 4.  No 

person  shall  lay  any  water  service  pipes,  or  do  any  plumbing 
work  in  any  building,  or  on  any  grounds,  for  the  purpose  of 
connecting  such  pipes  or  plumbing  work,  with  the  pipes  of 
the  water  works  system  of  the  Peoria  Water  Company,  or  of 
preparing  them  for  such  connections,  with  the  view  of  having 
such  premises  supplied  with  water,  by  the  water  works  sys- 
tem of  the  Peoria  Water  Company,  or  make  any  additions  to, 
or  alterations  of  any  water  pipe,  or  other  fixture,  or  appara- 
tus, for  supplying  any  premises,  or  person  with  water,  from 
said  svstem,  without  being  duly  licensed,  to  perform  such 
work,  and  without  first  having  obtained  a permit  to  perform 
such  work,  from  the  Peoria  Water  Company. 

2016.  Interference  with  Service  Pipes,  Mains,  Etc.  | 

§ 5.  It  shall  be  unlawful  for  any  person,  or  persons,  in  any 
manner  to  interfere  with  any  main,  or  service  water  pipes  of 
the  water  works  system  of  the  Peoria  Water  Company,  with- 
out first  being  authorized  by  said  Peoria  Water  Company,  and 
at  the  same  time  procuring  a permit  from  the  proper  depart- 
ment of  the  city  government,  as  required  in  these  ordinances, 
or  any  that  may  hereafter  be  passed  by  the  city  concerning 
such  matters. 

2017.  Wrenches,  Etc. — Furnished  to  Fire  Department 
— Not  to  be  Used  Except.]  § 6.  It  shall  not  be  lawful  for 
any  member  of  the  fire  department,  or  officer,  or  other  person 
connected  therewith,  to  take  the  wrenches,  or  other  imple- 


Wires. 


773 


ments,  or  tools,  furnished  by  the  water  company  to  the  differ- 
ent fire  companies,  to  be  used  by  said  companies  in  case  of 
fire,  or  to  suffer  or  permit  any  of  such  wrenches,  tools  or 
other  implements,  so  furnished,  to  be  taken  from  the  hose 
house  of  said  companies,  except  for  the  purpose  connected 
with  said  fire  department. 

2018.  Public  Fountains — Injury  to— Carrying  Away  or 
Polluting  Water  in — Penalty.]  § 7.  It  shall  not  be  lawful 
for  any  person,  or  persons,  in  any  way  to  injure,  mutilate  or 
destroy  any  of  the  public  drinking  fountains,  either  for  man, 
or  beast,  in  the  city  of  Peoria,  or  in  any  way  or  manner  to 
unnecessarily  waste  the  water  therein,  or  with  buckets,  barrels, 
or  other  vessels,  to  carry  the  water  away  therefrom,  or  to  in- 
jure, destroy,  or  take  away  any  cup,  or  other  convenience  for 
public  use,  placed  or  found  at  any  of  said  fountains,  or  to  tie 
any  horse,  or  other  animal  to  any  of  said  fountains,  and  any 
person,  or  persons,  violating  this  section,  or  any  of  the  pro- 
visions of  any  of  the  forgoing  sections  of  this  article,  shall, 
upon  conviction,  be  subject  to  a penalty  of  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars,  for  each  offense. 


ARTICLE  57. 

WIRES. 


Section.  Section. 

2019.  Right  Must  be  given  by  Ordinance.  2023.  Must  be  Fastened — How. 

2020.  Wires — How  Strung  and  Extended.  2024.  Owner  Must  Remove — When. 

2021.  Wires— Police  Alarm  Telegraph  Sys-  2025.  Penalty. 

tern. 

2022.  Must  Not  Interfere  with  Other  Wires 

or  Trees. 


2019.  Right  Must  be  Given  by  Ordinance.  § i.  No 

person,  company  or  corporation,  shall  have  the  right  to  run, 
string,  or  extend  wires,  in,  along,  upon,  or  over,  any  of  the 
streets,  avenues,  alleys,  sidewalks,  or  other  public  places,  or 


774 


Ordinances. 


grounds,  of  the  city  of  Peoria,  for  any  purpose  whatsoever,  un- 
less first  duly  authorized  by  an  ordinance  of  the  city  council 
of  said  city. 

2020.  Wires — How  Strung  and  Extended.]  § 2.  That 
all  wires  now  extended,  or  which  may  be  extended,  within  said 
city  for  electric  lights  and  for  telegraph  or  other  purposes  of 
correspondence  or  communication,  shall  be  placed  at  least 
twenty  (20)  feet  above  the  level  of  the  ground. 

2021.  Wires — Police  Alarm  and  Telegraph  System.  | 

§ 3.  That  all  wires  which  are  now,  or  which  may  hereafter 
be  extended,  placed  or  run  in  said  city,  that  are  used  by  tele- 
graph, telephone,  or  other  companies,  for  the  purpose  of  com- 
munication, shall  be  so  placed,  run  and  extended,  as  to  be  at 
least  six  feet  below  any  and  all  wires  of  the  fire,  or  police 
alarm  telegraph  system  of  the  city,  and  no  electric  light  wire, 
or  electric  street  car  wire,  shall  be  so  placed,  run  or  extended 
as  to  bring  such  wire  within  two  feet  of  any  pole  of  said  fire 
or  police  alarm  system. 

2022.  Must  Not  Interfere  With  Other  Wires,  or  Trees.] 

§ 4.  No  wires  shall  be  extended  upon  any  street,  sidewalk 
or  alley  in  said  city,  so  as  to  interfere  with  the  wires  of  another 
company,  or  with  any  shade  or  ornamental  trees,  whether  the 
same  are  growing  upon  public  streets,  or  private  grounds; 
nor  shall  any  person,  or  persons,  in  laying  or  extending  said 
wires,  enter  upon  the  premises  of  any  citizen  or  individual, 
without  first  obtaining  from  such  person,  his  consent  in  writ- 
ing so  to  do. 

2023.  Must  be  Fastened — How.]  § 5.  All  wires  now 
extended,  or  which  may  be  extended  for  either  of  the  purposes 
in  this  article  expressed,  shall  be  attached  to  insulators  se- 
curely fastened  upon  the  upper  side  of  the  cross-bar. 

2024.  Owner  Must  Remove — When.]  § 6.  Whenever 
it  shall  become  necessary  to  have  any  of  such  wires  raised  or  re- 
moved to  enable  buildings,  or  other  things  to  pass  along  any 


Effect  of  Ordinance. 


775 


of  said  streets,  or  alleys,  the  owners  or  managers  of  such 
wires  shall,  without  delay,  when  notified,  cause  said  wires  to 
be  raised  or  removed. 

2025.  Penalty.]  § 7.  Any  person,  persons,  company 
or  corporation,  violating  any  of  the  provisions  of  this  article, 
shall  forfeit  and  pay  a sum  not  more  than  fifty  dollars,  nor  less 
than  five  dollars  for  each  offense;  and  if  said  violation  is  by 
persons  enjoying  the  privileges  herein  granted,  the  rights 
herein  acquired  shall  be  forfeited:  And  provided,  that  any 
rights  granted  may  be  withdrawn  at  any  time  the  city  coun- 
cil deems  the  public  good  requires  it. 

ARTICLE  58. 

EFFECT  OF  ORDINANCE. 

2026-  Effect  of  Adoption  of  Ordinance.]  § 1.  This 
ordinance  shall  take  effect  and  be  in  force  from  and  after  its 
passage.  But  all  ordinances  or  parts  of  ordinances  not  incon- 
sistent or  in  conflict  with  the  provisions  of  this  ordinance,  shall 
continue  in  force  and  effect,  the  same  as  if  this  ordinance  had 
not  been  adopted. 

Passed  in  Council  this  16th  day  of  April,  A.  D.  1892. 

M.  R.  FAY,  Approved  April  18,  1892. 

City  Clerk.  CHARLES  C.  CLARKE, 

Mayor* 


776 


SPECIAL  ORDINANCES. 

1.  Central  Railway  Company-  5*  Peoria  Rapid  Transit  Company 

2.  East  Bluff  Peoria  Horse  Railroad  Com-  6.  Postal  Telegraph  and  Cable  Company. 

pany‘  7-  Water  Works. 

3.  Ft.  Clark  Horse  Railway  Company. 

4.  Jenny  Electric  Light  and  Power  Company. 


1.  CENTRAL  RAILWAY  COMPANY. 


Section. 

2027.  Right  of  Way  on  What  Streets. 

2028.  Motive  Power — What  to  be  Used. 

2029.  Poles— Right  to  Erect. 

2030.  Wires— How  Suspended — Poles— How 

Set. 

2031.  Injury  to  Wires— Penalty. 

2032.  Conditions  of  Grant. 

2033.  Removal  of  Snow  from  Tracks. 

2034.  Switches— How  Laid. 

2035.  Control  of  Streets  Reserved  to  City. 

2036.  Right  to  Grant  Other  Franchises. 

2037.  Rail— Kind  to  be  Used. 

2038.  Injuries  to  Track,  etc.-  Penalty. 

2039.  Consideration  to  City  for  Franchise. 

204c.  Cars— How  Kept,  Operated  and 
Maintained, 


Section. 

2041.  Cars — Time  Between. 

2042.  Cars  to  be  Numbered,  Etc. 

2043.  Conductors  Required. 

2044.  Damaged  Car  Not  to  be  Used. 

2045.  Rate  of  Fares— Transfers  to  What 

Lines. 

2046.  Stopping  Cars  at  Crossings. 

2047.  Franchise  Not  Transferable. 

2048.  Liability  for  Damages  from  Exer- 

cising Right. 

2049.  Rights  of  City  After  Nineteen  Years. 

2050.  Removal  of  Stables,  Etc.— When. 

2051.  Franchise  Subject  to  Forfeiture— 

When— Term  of  Grant. 


AN  ORDINANCE,  granting  to  the  Central  Railway  Company  the 
right  to  construct  and  operate  an  Electric  Street  Railway  over 
certain  streets  and  avenues  in  the  city  of  Peoria. 

2027.  On  What  Streets  and  Avenues  Right-of-Way 
Granted.]  § i.  Beit  Ordained  by  the  City  Council  of  the 
City  oj  Peoria:  Subject  to  the  provisions  and  regulations 
hereinafter  made,  and  to  the  requirements  of  the  general  ordin- 
ances of  said  city,  there  is  hereby  granted  to  the  Central  Rail- 
way Company  of  the  City  of  Peoria,  Illinois,  the  right  and 
authority  to  construct  and  operate  a street  railway  with  the 
necessary  side-tracks,  turn-outs  and  switches  in,  on  and  along 
the  surface  of  the  following  streets  and  avenues  in  said  city, 
viz: 

A double  track  shall  be  built  and  operated  along  the  entire 


Central  Railway  Company. 


Ill 


length  of  Adams  street  within  the  city  limits;  on  Washington 
street  from  Chestnut  street  to  Main  street;  on  Chestnut  street 
from  Adams  street  to  Water  street,  and  on  Main  street  from 
Washington  street  to  Elizabeth  street;  a single  track  shall  be 
built  and  operated  on  the  Farmington  road  (Main  street)  from 
Elizabeth  street  to  Bourland  street;  on  Bourland  street  from 
the  Farmington  road  (Main  street)  to  Floral  street;  a double 
track  shall  be  built  and  operated  on  Bourland  street  from 
Floral  to  Hansel  street,  from  Bourland  street  on  Hansel  street 
to  Bradley  avenue,  and  on  Bradley  avenue  from  Hansel  street 
to  Malvern  street;  a single  track  shall  be  built  and  operated 
on  Elizabeth  street  from  Main  street  to  Floral  street,  and  on 
Floral  street  from  Elizabeth  street  to  Bourland  street.  A sin- 
gle or  double  track  shall  be  built  and  operated  on  Oak  street 
from  Adams  street  to  West  Madison  street  and  along  West 
Madison  street  to  Hurlburt  street,  and  on  Hurlburt  street  from 
West  Madison  street  to  Saratoga  street,  and  on  Saratoga 
street  from  Hurlburt  street  to  McBean  street;  on  McBean 
street  from  Saratoga  street  to  Steubenville  street;  on  Steuben- 
ville street  from  McBean  street  to  Kettelle  street,  and  a single 
track  on  Abingdon  street  from  Adams  street  to  Jefferson 
avenue,  and  thence  along  Jefferson  avenue  northeasterly  to 
Grant  street.  Provided , that  where  said  company  is  given 
the  option  of  putting  down  either  a single  or  double  track,  in 
this  section,  it  must  build  its  double  track  within  two  years 
from  the  date  of  the  passage  of  this  ordinance;  otherwise  it  is 
understood  that  said  company  has  elected  hereunder  to  build 
only  a single  track  on  said  streets,  and  it  shall  not  thereafter 
construct  a double  on  such  streets. 

2028-  Motive  Power — What  to  be  Used.]  § 2.  Said 
company  shall  operate  said  railway  and  propel  its  cars  by 
electric  motive  power  and  not  otherwise;  except  that  in  case 
of  accident  to  machinery  making  it  necessary,  said  cars  may 
be  propelled  by  animal  power  for  a period  not  exceeding 
thirty  days  for  any  one  accident.  Provided , further,  that  said 


778 


Special  Ordinances. 


company  may  use  animal  power  to  propel  its  cars  during  the 
construction  of  the  appliances  for  operating  its  road  with  elec- 
tricity, subject  to  the  limits  in  this  ordinance  fixed  for  the  com- 
pletion of  said  construction  of  said  electric  appliances. 

2029.  Poles — Right  to  Erect.]  § 3.  To  enable  it  to 
operate  said  railway  by  electricity,  said  company  is  hereby 
authorized  to  erect  suitable  poles  or  supports  along  each  side 
of  the  streets  and  avenues  herein  named,  from  the  generator 
or  power  station,  or  stations,  or  car  houses  to  and  along  the 
lines  of  said  railway,  and  to  connect  the  poles  or  supports  by 
such  wires  as  may  be  necessary  for  the  transmission  of  power 
and  the  successful  operation  of  said  railway. 

2030-  Wires  How  Suspended — Poles  How  Set.]  § 4. 

The  said  wires  shall  be  suspended  not  less  than  eighteen  and 
one-half  feet  above  the  rails;  and  the  said  poles  or  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred 
and  fifteen  (115)  feet  apart,  except  at  the  intersection  of 
streets  and  avenues,  where  the  said  distance  will  place  the 
poles  or  supports  in  the  intersecting  streets  or  avenues.  Said 
poles  or  supports  shall  be  kept  at  all  times  neatly  painted 
white.  They  shall  be  located  under  the  direction  of  the  city 
council,  through  its  street  committee  and  the  city  electrician. 
None  of  said  poles  or  supports  shall  be  placed  nearer  than  fifteen 
(15)  feet  distant  from  all  police  and  fire  alarm  telegraph  poles, 
or  any  other  poles  to  which  said  police  and  fire  alarm  wires 
may  be  attached.  And  when,  in  the  judgment  of  the  city 
electrician  and  city  council,  it  becomes  necessary  to  elevate  or 
move  the  city’s  wires  along  the  right  of  way  hereby  granted, 
so  as  to  provide  for  the  operation  of  the  said  road  without  the 
city’s  property  being  injured,  all  the  expenses  connected  with 
such  elevation  or  removal  shall  be  at  once  paid  to  the  city  by 
said  company  upon  demand  being  made  therefor. 

2031.  Removing  or  Breaking  Wires — Penalty.  J § 5. 

Any  person  other  than  the  city  electrician  and  employes  of 


Central  Railway  Company.  779 

the  city,  who  shall  wilfully  remove  or  break  any  of  the  wires 
used  by  said  railway  company  in  the  operation  of  its  railway, 
shall  be  fined  in  any  sum  not  to  exceed  one  hundred 
dollars  ($100.00)  for  each  wire  or  part  of  wire  removed  or 
broken. 

2032.  Terms  and  Conditions  on  Which  Franchise  is 
Granted.]  § 6.  The  foregoing  rights  and  privileges  are 
granted  upon  the  following  named  conditions,  viz: 

FirU.  Within  thirty  (30)  days  after  the  passage  of  this 
ordinance,  said  Central  Railway  Company  shall  cause  to  be 
deposited  with  the  city  clerk  the  bond  of  said  company  to  the 
city  of  Peoria,  legally  executed,  with  sureties  thereon  to  be 
approved  by  the  said  clerk,  in  the  sum  of  twenty-five  thou- 
sand dollars  ($25,000)  and  conditioned  that  said  company  will 
strictly  comply  with  the  conditions  hereinafter  in  this  section 
imposed,  making  a compliance  with  this  section  of  this  ordi- 
nance the  condition  of  said  bond;  and  said  bond  shall  provide 
for  the  payment  of  the  full  penalty  thereof  into  the  city  treas- 
ury of  said  city  as  liquidated  damages  in  case  any  of  the  con- 
dition of  said  bond  or  ordinance  shall  be  broken  by  said  com- 
pany. This  bond  shall  be  conditioned  for  the  performance  by 
the  Central  Railway  Company  of  the  conditions  imposed  upon 
it  by  this  ordinance,  which  can  be  performed  by  it,  within 
four  years  from  the  passage  of  this  ordinance.  And  if  at 
the  end  of  said  period  of  four  years  said  company  shall  have 
observed  and  kept  said  conditions  faithfully,  said  bond  shall 
be  then  cancelled  and  returned  to  said  company,  otherwise  to 
remain  in  full  force  until  discharged  by  such  performance. 

Second.  The  said  company  shall,  within  four  (4)  months 
after  the  passage  of  this  ordinance,  acquire  the  railways  and 
properties  of  “The  Central  City  Horse  Railway  Company,  of 
the  City  of  Peoria,”  the  “Peoria  Horse  Railway  Company”  and 
of  the  “Central  City  Horse  and  Cable  Railway  Company,”  and 
procure  said  several  companies  to  surrender  to  the  city  of 


780 


Special  Ordinances. 


Peoria,  within  four  months  after  the  passage  of  this  ordinance, 
their  several  rights  of  way  on  the  streets  and  avenues  herein- 
before named. 

The  acquirement  of  the  railway  tracks  of  said  railway  com- 
panies by  the  Central  Railway  Company  and  remodeling  of 
said  tracks  shall  be  deemed  and  taken  as  the  building  and  con- 
struction, by  it,  of  the  railway  tracks  hereby  authorized,  on 
the  streets  and  avenues  where  the  railways  of  said  other  com- 
panies now  exist. 

Third . Said  Company  shall  commence  the  remodeling  of 
said  railways  so  acquired,  and  constructing  the  appliances  for 
propelling  cars  and  operating  said  road  with  electric  motive 
power  within  four  (4)  months  after  the  passage  of  this  ordin- 
ance. 

Fourth.  Said  lines  of  railway  shall  be  fully  constructed 
and  equipped  upon  Adams  street  the  full  length  of  the  same, 
and  upon  Main  street  from  Adams  to  Elizabeth  street,  for 
operating  with  electricity  and  shall  be  so  operated,  within  one 
year  from  the  passage  of  this  ordinance;  and  all  other  lines 
hereby  authorized  to  be  constructed  shall  be  fully  completed 
and  in  operation  with  electric  appliances,  within  eighteen 
months  from  the  date  of  the  passage  of  this  ordinance. 

Fifth.  Said  company  shall  construct  culverts  across  the 
full  width  of  the  streets  and  avenues,  or  bend  its  rails  to  con- 
form to  gutters  which  may  be  located  upon  and  across  its 
right  of  way;  and  in  constructing  its  tracks  said  company  shall 
not  disturb,  remove  or  displace  any  of  the  street  crossings  or 
gutters  existing  at  the  time,  unless  the  same  is  permitted  by 
the  city  council;  and  in  case  of  displacement  or  removal  of  any 
of  said  crossings  or  gutters  by  said  company,  it  shall,  immedi- 
ately after  the  construction  of  its  tracks  at  said  crossings  re- 
store said  crossings  and  gutters;  and  shall  thereafter  during 
the  continuance  of  its  rights  under  this  ordinance,  maintain  and 


Central  Railway  Company. 


78i 


keep  in  good  repair  all  of  said  street  and  avenue  crossings 
commencing  on  each  side  at  the  outside  of  the  right  of  way 
of  said  company. 

Sixth.  If  at  any  time  the  city  council  should  establish  a 
grade  on  any  street  or  avenue  used  or  occupied  by  the  track 
or  tracks  of  said  company,  or  should  change  the  grade  already 
established,  the  said  railway  company  shall  raise  or  lower  its 
tracks  to  conform  to  said  grade,  when  notified  so  to  do  by  the 
city  council  or  city  engineer,  at  its  own  cost  and  expense. 

Seventh.  Said  company  shall,  within  one  year  from  the 
date  of  the  passage  of  this  ordinance,  pave  its  right  of  way 
with  Ottawa  brick  or  other  brick  equally  as  good,  on  the 
streets  and  avenues  named  in  this  clause,  the  full  width  of 
fourteen  (14)  feet,  paving  between  the  rails  and  between  the 
tracks,  on  Adams  street,  from  Lincoln  avenue  to  Eaton  street, 
and  on  Main  street,  from  Washington  street  to  Elizabeth 
street,  and  on  Washington  street  from  Chestnut  to  Main  street. 

Eighth.  Adams  street,  from  Eaton  street  to  Cornhill  street 
and,  also,  from  Lincoln  avenue  southerly  to  South  street  shall 
be  paved  with  brick  as  above  provided,  within  two  years  after 
the  date  of  the  passage  of  this  ordinance.  All  the  balance  of 
Adams  street  and  Main  street  from  Elizabeth  street  to  Bour- 
land  street  shall  be  paved,  when  the  balance  of  the  street  is 
paved,  with  such  material  as  may  be  ordered  by  the  city  coun- 
cil, the  full  width  of  fourteen  feet  for  double  track  and  seven 
feet  for  single  track.  All  the  above  mentioned  pavement,  to 
be  done  within  two  years,  shall  be  made  of  good  Ottawa  pav- 
ing brick  or  some  other  equally  good  paving  brick,  to  be  ap- 
proved before  it  is  laid,  by  the  city  council  of  said  city. 

Ninth.  On  all  said  other  streets  and  avenues  when  the 
same  or  any  part  thereof  shall  be  ordered  to  be  paved  by  the 
city  council,  said  company’s  right  of  way  thereon,  included  in 
such  order,  shall  be  paved  the  full  width  of  fourteen  (14)  feet 
where  there  is  a double  track  and  seven  (7)  feet  where  there 


782 


Special  Ordinances. 


is  a single  track,  with  such  material  and  in  such  manner  as  the 
city  council  shall  order  to  be  made.  All  paving  required  to 
be  laid  by  said  company  shall  be  laid  and  kept  in  repair  with 
the  same  material  originally  used  in  it  by  and  at  the  expense 
of  the  said  company. 

Tenth . If  the  said  company  shall  fail  to  comply  with  the 
provisions  of  this  section,  requiring  it  to  repair  a pavement  on 
its  right  of  way  on  any  street,  after  notice  to  do  so  by  the  city 
council  or  engineer,  by  service  thereof  upon  any  officer  of  said 
company,  for  ten  days  after  receiving  such  notice,  such  company 
shall  forfeit  and  pay  into  the  city  treasury  the  sum  of  twenty- 
five  dollars  ($25.00)  per  day  for  the  time  said  company  shall 
fail  to  put  down  or  repair  said  paving,  as  liquidated  damages, 
the  same  to  be  recoverable  of  and  from  said  company  by  the 
city  of  Peoria  in  an  action  of  debt;  and  said  paving  may  be 
repaired  by  the  city  of  Peoria  at  the  expense  of  said  company 
and  said  company  shall  repay  the  cost  thereof  to  the  city  upon 
demand. 

Eleventh . Said  railway  company  shall  construct  at  all 
places  on  streets  and  avenues  where  made  necessary  by  reason 
of  the  location  and  building  of  said  railway  thereon,  across  the 
entire  width  of  the  street,  proper  and  sufficient  culverts  of  such 
material  as  may  be  designated  by  the  city  council,  to  carry  off 
all  surface  water  collecting  on  or  upon  said  streets,  upon  or 
over  which  the  right  of  way  to  said  company  is  hereby  granted 
and  shall  at  its  own  expense  keep  and  maintain  the  same,  the 
width  of  its  right  of  way,  in  good  condition  and  repair  contin- 
ually during  its  occupancy  of  said  streets. 

Iweljth.  The  rails  to  be  laid  and  used  in  the  construction 
of  said  railway  shall  not  be  elevated  above  the  surface  of  the 
street,  but  shall  be  so  laid  and  used  that  their  upper  surface 
shall  be  flush  with  the  pavement  and  so  that  carriages  and 
vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points  thereof;  and  on  turning  a corner  of  any  street  the  rails 


Central  Railway  Company.  783 

shall  swing  to  the  inside  so  as  to  leave  both  streets  as  clear  as 
possible;  but  the  city  council  shall  at  all  times,  through  its 
street  committee  and  engineer,  control  the  manner  of  laying 
such  tracks  and  may  cause  the  same  to  be  taken  up  and 
changed  and  relaid  if  their  directions  are  not  followed,  and 
may  give  such  directions  as  they  may  deem  to  be  for  the  best 
interest  of  the  public,  which  directions  shall  be  by  the  com- 
pany followed  and  obeyed. 

2033.  Removal  of  Snow  from  Tracks — How  to  be 
Done.]  § 7.  When  said  company  shall  remove  snow  from 
its  tracks  in  the  streets  of  the  city,  by  means  of  snow  plows  or 
otherwise,  it  shall  cause  such  snow  to  be  leveled  off  in  such  a 
way  as  to  make  such  streets  safe  and  convenient  for  public 
travel;  and  it  shall  keep  all  crossings  across  its  right  of  way 
clear  of  snow  and  debris  at  all  times. 

2034-  Side  Tracks  and  Switches — How  Laid.]  § 8. 

In  all  streets  or  avenues  where  two  tracks  are  laid,  all  the  side 
tracks,  turn-outs  and  switches  permitted  by  this  ordinance, 
shall  run  from  one  track  to  the  other,  and  shall  in  no  event  be 
laid  upon  the  outside  of  the  main  or  double  tracks;  but  spur 
tracks  may  be  laid  from  the  main  track  to  the  company’s  car 
houses. 

2035.  Control  of  Streets  Reserved  to  City.]  § 9.  The 

city  of  Peoria  reserves  the  right  to  disturb  the  track  of  said 
railway  when  it  shall  become  necessary  for  building  or  re- 
placing sewers,  laying  water  pipes  or  for  improving  the 
streets  or  performing  any  other  of  the  city’s  improvements,  the 
same  to  be  so  done  as  to  cause  the  least  delay  in  running  the 
cars  upon  said  tracks;  and  the  tracks  to  be  replaced  and  pro- 
tected by  said  company  at  its  own  expense,  when  removed  or 
disturbed  by  the  city  for  such  purposes; but  the  city  to  replace 
paving  where  said  right  of  way  is  paved.  Said  city  also  re_ 
serves  the  right  to  permit  said  company’s  wires  to  be  dis- 
turbed at  any  and  all  times  when  necessary,  to  enable  said 


784 


Special  Ordinances. 


streets  to  be  used  for  the  purpose  of  moving  houses,  and  for 
any  other  proper  use  of  said  streets  by  the  public.  The  same 
to  be  so  done  as  to  cause  the  least  delay  possible  to  the  busi- 
ness of  said  company. 

2036-  Right  Reserved  to  Grant  Use  of  Tracks — Com- 
pensation.] § 10.  The  right  to  grant  the  privilege  of  the 
use  of  the  tracks  of  said  company  to  any  other  street  railway 
company  is  hereby  expressly  reserved  to  the  city  council,  pro- 
vided, that  the  applicant  for  such  privilege  shall  not  be  a di- 
rect competitor  for  any  considerable  distance  with  said  Cen- 
tral Railway  Company’s  lines  and  the  entire  distance  trav- 
ersed by  any  one  other  company  on  said  Central  Railway 
Company’s  track  shall  not  exceed  four  blocks  at  one  place. 
Provided  further,  that  said  privileges  shall  not  be  granted  to 
any  other  company  that  is  not  expressly  required  by  its  ordi- 
nance to  concede  or  will  not  concede  a like  privilege  to  said 
Central  Railway  Company.  And  'provided,  further,  that  the 
said  privilege  shall  not  be  used  when  granted,  so  as  to  inter- 
fere unnecessarily  with  the  traffic  and  business  of  said  Central 
Railway  Company  and  not  until  a fair  compensation  therefor 
shall  be  determined  and  paid.  And  in  the  event  of  the  failure 
of  said  companies  to  agree  on  the  amount  of  such  compensa- 
tion, the  said  city  council  of  Peoria  shall  be  the  judge,  and 
shall  fix  the  amount  of  compensation  to  be  paid  by  said  other 
company  to  the  Central  Railway  Company.  And  if  said 
Central  Railway  Company  shall  prevent  or  refuse  to  permit 
the  use  of  said  track  or  tracks  after  a tender  to  it  of  the  amount 
so  fixed  by  the  city  council,  by  the  party  interested,  said  com- 
pany shall  thereby  forfeit  its  rights  on  the  street  in  controversy 
under  this  ordinance.  But  the  council  expressly  reserves  the 
right  to  grant  to  any  other  street  railway  company  the  right 
to  use  the  right  of  way  and  tracks  of  the  Central  City  Railway 
Company  on  Washington  street,  the  entire  right  of  way  here- 
by granted. 


Central  Railway  Company. 


785 


2037-  Style  of  Rail  to  be  Used.]  § 11.  The  rails 
used  by  said  company,  on  paved  streets,  shall  be  the  flat  rail, 
not  less  than  forty-five  (45)  pounds  weight  per  yard,  of  the 
Johnston  make,  or  other  rails  presenting  substantially  the 
same  surface,  to  be  approved  by  the  city  council;  the  gauge  of 
said  tracks  shall  be  four  feet  eight  and  one-half  inches. 

2038.  Vehicles  Right  to  Use  Tracks — Injury  to  Cars 
or  Track — Penalty.]  § 12.  The  right  is  hereby  reserved 
by  the  city  council  for  carriages  and  all  vehicles  to  travel  over 
and  along  said  tracks.  But  said  carriages  or  vehicles  shall  in 
no  manner  or  way  interfere  with  the  running  of  said  cars  nor 
in  any  way  to  work  unnecessary  injury  to  said  tracks  or  cars. 
And  any  person  or  persons  who  shall  willfully  or  unnecessarily 
obstruct  the  passage  of  the  cars  of  said  company  along  its 
tracks,  or  willfully  and  unnecessarily  injure  said  tracks  or  cars 
in  any  manner,  shall,  for  each  offense,  be  fined  in  any  sum  not 
exceeding  twenty-five  dollars  ($25.00)  nor  less  than  one  dollar 
($1.00). 

2039.  Consideration  for  Franchise,]  § 13.  The  said 
Central  Railway  Company  shall,  beginning  at  the  expiration 
of  eight  years  from  the  date  of  the  passage  of  this  ordinance, 
pay  into  the  city  treasury  of  the  city  of  Peoria,  at  the  end  of 
every  six  months  thereafter,  an  amount  equal  to  three  per 
cent,  of  the  amount  of  the  gross  earnings  for  the  said  six 
months  of  the  said  Central  Railway  Company,  the  payment 
of  the  same  being  an  express  condition  and  consideration  to 
be  performed  and  paid  by  said  company  to  the  city  of  Peoria 
in  addition  to  the  other  considerations  and  conditions  herein 
mentioned,  for  the  rights  and  franchises  hereby  granted  and 
conferred.  And  said  company  shall  make  a true  report  under 
oath  to  the  city  council  of  the  city  of  Peoria  of  the  gross 
amount  of  said  earnings  by  and  through  its  president  or  treas- 
urer at  the  end  of  every  six  months  aforesaid,  and  said  report 
shall  be  accompanied  by  the  amount  of  money  then  due  the 

5i 


786 


Special  Ordinances. 


city  under  this  and  all  other  provisions  of  this  ordinance  and 
all  amendments  thereto.  And  the  city  council,  by  its  com- 
mittees, and  the  mayor,  treasurer  and  clerk  of  said  city,  and 
any  person  or  persons  appointed  by  said  council  for  that  pur- 
pose, shall  have  the  right  at  all  times  to  investigate  said  com- 
pany’s books  for  the  purpose  of  ascertaining  the  amount  of 
said  company’s  gross  earnings  as  aforesaid. 

2040.  Cars— How  to  be  Kept,  Operated  and  Main- 
tained.] § 14.  All  the  cars  used  by  said  company  shall  be 
new  when  tirst  used  under  this  ordinance;  they  shall  be  not 
less  than  fourteen  feet  in  length  exclusive  of  platforms;  said 
company  shall  at  all  times  adopt  and  fit  up  its  cars  with  all  new 
improvements  invented  for  the  convenience  and  comfort  of 
passengers;  its  cars  shall  be  of  the  most  approved  make  at  the 
time  of  their  first  use  upon  the  road,  of  good  style  and  shall 
be  kept  at  all  times,  when  in  use,  clean  and  well  ventilated, 
well  lighted  and,  in  winter,  well  heated.  But  on  holidays, 
and  on  days  when  it  may  be  necessary  to  accommodate  the 
increased  number  of  passengers  occasioned  by  attendance  upon 
fairs,  shows,  concerts  and  other  entertainments  of  like  charac- 
ter, said  company  may  use  the  old  cars  purchased  by  it  from 
said  Central  City  Horse  Railway  Company  as  a part  of  a 
train  of  cars  on  said  road:  Provided , that  said  old  cars  shall 
be  thoroughly  cleaned,  repaired,  repainted  and  put  in  good, 
comfortable  condition  before  being  so  used,  and  shall  there- 
after be  kept  in  good  condition  when  in  use.  Provided , f ur- 
ther, said  old  cars  may  be  used  temporarily  on  said  lines 
pending  the  construction  of  said  new  road  and  cars,  not  ex- 
ceeding eighteen  months  after  the  date  of  this  ordinance. 

2041.  Cars — Time  Between.]  § 15.  Cars  shall  be  run 
every  day  at  intervals  of  not  more  than  five  minutes  apart  the 
entire  length  of  Adams  street,  from  5 140  o’clock  a.  m.  until 
10  o’clock  p.  m.,  and  all  other  divisions  of  said  railroad  be- 
tween the  hours  of  5:40  and  7 140  o’clock  a.  m.,  and  5 and  7 


Central  Railway  Company. 


787 


o’clock  p.  m„  not  more  than  six  minutes  apart,  and  at  all  other 
times  before  10  o’clock  p.  m.,  not  more  than  eight  minutes 
apart,  and  after  10  o’clock  p,  m.  they  shall  be  run  on  all  said 
lines  not  more  than  fifteen  minutes  apart,  the  last  cars  run  to 
leave  the  different  stations  of  each  division  of  said  railway  not 
earlier  than  11  o’clock  p.  m.,  and  every  car  must  be  run  the 
entire  length  of  the  division  on  which  it  may  start  on  any 
trip. 

2042.  Cars — To  be  Numbered — On  Different  Routes 
How  to  be  Designated.]  § 16.  All  cars  shall  be  distinctly 
numbered  both  inside  and  outside,  and  the  cars  of  the  differ- 
ent routes  running  in  part  on  the  same  track  shall  be  distin- 
guished by  a different  color,  so  far  as  practicable,  and  be  appro- 
priately lettered  to  indicate  the  streets  or  routes  upon  which 
the  same  run;  and  in  the  night  shall,  in  all  cases,  be  suffi- 
ciently distinguished  by  the  form  or  color  of  the  signal  lights, 
and  shall  have  lights  on  the  sides  as  well  as  front  and  rear,  so 
as  to  prevent  the  cars  of  different  routes  being  mistaken  for 
each  other. 

2043.  Conductors  to  be  on  Cars.]  § 17.  Said  com- 
pany shall  not  suffer  any  car  propelled  by  electricity  to  be 
run  upon  either  Adams  or  Main  street  or  any  portion  or  part 
thereof,  in  the  city,  at  any  time  unless  the  same  shall  be  in 
charge  of  and  under  the  control  of  some  competent  conductor, 
who  shall  be  a person  other  than  the  driver  or  person  in  con- 
trol of  the  motive  power.  Said  conductor  shall  at  all  times, 
when  on  duty,  wear  a suitable  uniform. 

2044.  Broken  or  Damaged  Car  Not  to  be  Used.]  § 18. 

No  car  shall  be  used  by  said  company  upon  any  of  its  respec- 
tive lines  which  has  a broken  window,  door,  step  or  insuffici- 
ent fastening,  or  is  otherwise  damaged,  longer  than  during 
the  day  such  breakage,  insufficient  fastening  or  damage  may 


occur. 


788 


Special  Ordinances. 


2045-  Rate  of  Fare — Transfer  Tickets  to  What 
Lines.]  § 19.  The  rate  of  fare  for  a continuous  trip  in  one 
direction  shall  not  exceed  five  cents  for  any  person.  All  pas- 
sengers after  paying  one  fare  shall  be  entitled  to  receive  trans- 
fer tickets  for  a continuous  trip,  which  will  pass  them  from  the 
line  of  railway  upon  which  said  fare  is  paid  to  any  point  on 
any  other  line  of  street  railway  that  is  being  now  or  may  be 
hereafter  operated  by  the  said  Central  Railway  Company. 

The  said  company  shall  keep  for  sale  at  its  office  and  upon 
all  cars  running  on  its  lines  passenger  tickets  in  packages  of 
twelve  (12)  each,  which  it  shall  sell  for  fifty  cents;  and  each 
of  such  tickets  shall  be  taken  in  payment  of  one  continuous 
trip  with  all  the  rights  of  transfer  and  through  carriage  pro- 
vided for  in  this  section. 

2046.  Cross-Walks  or  Street  Intersections  — Cars, 
How  Stopped,]  § 20.  No  car  shall  be  allowed  to  stop  upon 
a crosswalk  or  in  front  of  any  intersecting  street,  except  to 
avoid  collision  or  prevent  danger  to  persons  or  property  in  the 
street.  When  the  conductor  of  any  car  is  required  to  stop  at 
the  intersection  of  streets  to  receive  or  leave  a passenger,  the 
car  shall  be  stopped  so  as  to  leave  the  rear  platform  slightly 
over  the  crossing. 

2047.  Franchise  Not  Assignable  Except  — How.] 

§ 21.  Said  rights  and  franchises  hereby  granted  to  the  Cen- 
tral Railway  Company  shall  not  be  transferable  nor  assignable 
by  said  company  to  any  individual  or  other  company,  except 
with  the  consent  of  the  city  council  first  had;  nor  shall  said 
road  nor  any  part  thereof  be  sold  or  leased  to  any  person  or 
persons,  company  or  corporation,  nor  consolidated  with  any 
other  railway,  nor  any  other  railway  acquired  by  it  in  this  city 
without  the  city  council  of  said  city  first  authorizing  the  same 
to  be  done  by  ordinance.  And  in  said  ordinance  other  condi- 
tions may  be  imposed  in  consideration  of  granting  said  per- 
mission. 


Central  Railway  Company.  789 

2048.  Injuries  Resulting  from  Exercise  of  Rights.] 

§ 22.  Said  Central  Railway  Company  shall  be  liable  for  and 
and  pay  to  the  persons,  companies  or  corporations  injured  all 
damages  which  may  result  from  the  passage  of  this  ordinance, 
or  from  carelessness,  negligence  or  misconduct  of  said  com- 
pany, any  agent  or  servant  of  said  company,  in  the  operation 
of  said  railway  or  railways  which  it  may  build,  own,  lease,  or 
control;  and  said  company  shall  save  and  keep  harmless  the 
said  city  of  Peoria  on  account  of  any  and  all  damages  and  costs 
in  all  causes  of  action  that  may  be  brought  by  or  accrue  to, 
any  person  or  persons,  company  or  corporation  at  any  time 
hereafter,  by  reason  of  carelessness  or  negligence  and  by  rea- 
son of  the  construction  or  operation  of  said  railway,  or  any 
part  of  it,  in  which  said  city  may  be  sued  separately  or  im- 
pleaded with  said  company,  or  otherwise,  including  reasonable 
attorneys  fees  for  the  city  attorney  and  for  other  counsel  em- 
ployed by  said  city  in  and  about  such  suits  if  any. 

2049.  Rights  Reserved  to  City  After  Period  of  Nine- 
teen Years.  ] § 23.  The  city  of  Peoria  hereby  reserves  the 

right  to  permit  another  railway  company  to  enter  upon  any  or 
all  of  the  streets  and  avenues  named  in  this  ordinance  in  which 
rights  of  way  are  hereby  granted  to  said  Central  Railway 
Company,  at  any  time  after  nineteen  years  from  the  date  of 
the  passage  of  this  ordinance,  for  the  purpose  of  constructing 
or  preparing  to  construct,  a new  line  of  street  railway,  the 
same  to  be  so  done  as  to  cause  the  least  obstruction  and  delay 
to  the  running  of  the  cars  of  the  Central  Railway  Company, 
possible. 

2050.  Removal  of  Stables,  Car  Houses — When  to  be 
Done.]  § 24.  Said  Central  Railway  Company  shall  on  or 
before  the  first  day  of  April.  A.  D.,  1891,  take  down  or  re- 
move the  stables,  barns  and  car  houses  acquired  by  it  from  said 
Horse  Railway  Companies,  now  standing  near  the  intersection 
of  Knoxville  avenue  and  Hamilton  street  and  also  standing  on 


79° 


Special  Ordinances. 


Main  street  at  the  intersection  of  Ellis  street,  and  the  same 
shall  be  located  at  the  ends  of  said  lines  of  railway,  furthest  re- 
moved from  the  center  of  the  city. 

2051.  Rights  of  Company  Subject  to  Forfeiture — 
When — Term  of  Grant.]  § 25.  If  the  said  railway  com- 
pany shall  faithfully  comply  with  the  foregoing  requirements 
of  it,  the  right  of  said  company  to  operate  said  railway  shall 
extend  to  the  full  expiration  of  twenty  years  from  the  passage 
of  this  ordinance;  otherwise  the  city  council  may  declare  said 
company’s  rights  forfeited  any  time  after  thirty  days’  notice 
to  it  that  its  rights  will  be  forfeited  for  its  failure  to  comply 
with  the  requirements  hereof,  said  notice  to  specify  in  general 
terms  the  matters  complained  of  by  the  city  council,  and  the 
company  given  an  opportunity  to  comply  with  said  require- 
ments within  thirty  days.  At  the  expiration  of  its  rights  here- 
under said  Central  Railway  Company  shall  remove  its  rails 
and  ties  and  other  properties  from  the  streets  and  avenues  oc- 
cupied by  it  within  sixty  days  and  shall  leave  said  streets  and 
avenues  paved  and  in  as  good  condition  as  though  the  same 
had  not  been  occupied  by  it;  and  the  said  Central  Railway 
Company  shall  within  thirty  days  after  the  date  of  the  passage 
of  this  ordinance  enter  into  a written  agreement  with  the 
city  of  Peoria,  to  be  duly  executed  by  its  president  and  secre- 
tary, under  the  corporate  seal  of  said  company,  and  filed  in 
city  clerk’s  office,  and  on  the  part  of  the  city  of  Peoria  to  be 
signed  by  the  mayor  and  countersigned  and  sealed  with  the 
city  seal  by  the  clerk  of  said  city  of  Peoria,  obliging  said  com- 
pany and  said  city  to  abide  by  and  perform  the  stipulations 
and  provisions  in  this  ordinance  contained;  which  agreement, 
when  executed  shall  be  mutually  binding  upon  both  of  said 
parties  as  a contract. 

Passed  in  council  May  16,  A.  D.,  1889. 


M.  R.  FAY 


City  Clerk. 


JOHN  WARNER, 

Mayor. 


East  Bluff  Railroad  Company. 


791 


2.  EAST  BLUFF  PEORIA  HORSE  RAILROAD 

COMPANY. 


Section. 

2052.  Grant  of  Right. 

2053.  Wires— How  Strung. 

2054.  Poles— How  Erected. 

2055.  Operation  of  Cars. 


Section. 

2056.  Fare — Tickets. 

2057.  Cars— Conductor. 

2058.  Repeal. 


An  ordinance  amending  “an  ordinance  granting  right  of 
way  to  the  East  B.uff  Peoria  Horse  Railroad  Company,  in  the 
city  of  Peoria,”  passed  by  the  city  council  on  the  21st  day  of 
September,  A.  D.  1886;  and  also  “an  ordinance  granting  addi- 
tional right  of  way  to  the  East  Bluff  Peoria  Horse  Railroad 
Company,”  passed  in  council  December  21,  A.  D.  1886,  grant- 
ing permission  to  said  company  to  operate  its  cars  by  elec- 
tricity. 

Be  it  ordained  by  the  city  council  of  the  city  of  Peoria : 

2052.  Grant  of  Right.]  •§  1.  That  permission  is  here- 
by granted  to  the  East  Bluff  Peoria  Horse  Railroad  Company 
to  operate  with  electricity  the  cars  run  on  its  line  of  street 
railroad,  and  to  erect  along  Globe  street,  from  its  intersection 
with  Main  street,  to  Knoxville  avenue,  and  thence  along  Knox- 
ville avenue  to  the  city  limits,  the  usual  and  necessary  poles, 
and  to  string  thereon  the  usual  and  necessary  wires  for  the 
operating  of  said  cars  by  electricity,  proMided  said  company 
shall  operate  and  use  the  same  kind  of  car,  or  cars  equally  as 
good,  as  are  now  used  and  operated  upon  the  lines  of  the 
Central  Railway  Company  in  said  city,  and  that  said  cars 
shall  not  be  run  at  a greater  interval  apart  than  eight  minutes 
between  the  hours  of  6 a.  m.  and  10  p.  m. 

2053.  Wires — How  Strung.]  § 2.  That  said  wires 
shall  be  suspended  not  less  than  eighteen  and  one-half  (i8j4) 


792 


Special  Ordinances. 


feet  above  the  rails,  and  the  said  poles,  or  supports,  shall  be 
placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
(115)  feet  apart,  and  to  be  set  as  near  opposite  the  lot  line 
wherever  possible,  except  at  the  intersection  of  streets  and 
avenues,  where  the  said  distance  will  place  the  poles,  or  sup- 
ports, in  the  intersecting  streets  and  avenues.  Said  poles  or 
supports,  shall  be  kept  at  all  times  neatly  painted  white.  None 
of  said  poles,  or  supports,  shall  be  placed  nearer  than  fifteen 
( 15)  feet  distance  from  all  police  and  fire  alarm,  telegraph 
poles  or  any  other  poles  to  which  said  police  and  fire  alarm 
wires  may  be  attached.  And,  when  in  the  judgment  of  the 
city  electrician  and  city  council  it  becomes  necessary  to  ele- 
vate or  remove  the  city’s  wires  along  the  right  of  way  hereby 
granted,  so  as  to  provide  for  the  operation  of  the  said  road 
without  the  city’s  property  being  injured,  all  the  expenses 
connected  with  such  elevation  or  removal  shall  be  at  once  paid 
to  the  city  by  said  company  upon  demand  being  made  there- 
for. 

2054-  Poles — How  Erected.]  § 3.  That  said  poles 
and  wires  shall  be  erected  and  strung  under  the  direction  of 
the  city  engineer  and  street  committee. 

2055-  Operation  of  Cars.]  § 4.  The  East  Bluff  Pe- 
oria Horse  Railroad  Company  shall  operate  its  cars  in  con- 
nection with  the  Hurlburt  street  line  of  the  Central  Railway 
Company,  making  a continuous  trip  from  Jackson’s  Corner 
via  Knoxville  avenue,  Main,  Washington  and  Hurlburt  streets 
to  the  corner  of  Steubenville  and  McBean  streets  in  said  city. 

2066.  Fare — Tickets.]  § 5.  The  rate  of  fare  for  a 
continuous  trip  in  one  direction  shall  not  exceed  five  cents  for 
any  person.  All  passengers,  after  paying  one  fare,  shall  be 
entitled  to  receive  transfer  tickets  for  a continuous  trip  over 
the  lines  of  the  Central  Railway  Company,  which  will  pass 
them  from  the  line  of  railway  upon  which  said  fare  is  paid  to 
any  point  on  any  other  line  of  street  railway  that  is  now  or 


East  Bluff  Railroad  Company. 


793 


may  be  hereafter  operated  in  connection  with  said  company. 
That  said  company  shall  keep  for  sale  at  its  office,  and  upon 
all  cars  running  on  its  lines,  passenger  tickets  in  packages  of 
twelve  (12)  each,  which  it  shall  sell  for  fifty  cents;  and  each 
of  such  tickets  shall  be  taken  in  payment  of  one  continuous 
trip,  with  all  the  rights  of  transfer  and  through  carriage  as 
herein  provided.  All  children  of  six  years  of  age  and  under 
shall  be  passed  free  of  charge. 

2057.  Cars — Conductor.]  § 6.  Said  company  shall 
not  suffer  any  car  propelled  by  electricity  to  be  run  upon  its 
line  of  railroad  or  any  portion  or  part  thereof,  at  any  time, 
unless  the  same  shall  be  in  charge  of  and  under  the  control  of 
some  competent  conductor  who  shall  be  a person  other  than 
the  driver  or  person  in  control  of  the  motive  power.  Said  con- 
ductor shall,  at  all  times  when  on  duty,  wear  a suitable  uni- 
form. No  car  or  cars  shall  be  used  upon  the  line  of  said  com- 
pany which  has  broken  window,  door,  step,  or  insufficient 
fastenings,  or  is  otherwise  damaged,  longer  than  during  the 
day  such  breakage,  insufficient  fastening  or  damage  may 
occur. 

2058-  Repeal.]  § 7.  That  all  ordinances  and  parts  of 
ordinances  in  conflict  with  this  amendment  be  and  the  same  is 
hereby  repealed. 

Passed  in  council  this  24th  day  of  February,  A.  D.  1891. 


M.  R.  FAY, 


CHARLES  C.  CLARKE, 

Mayor. 


City  Clerk. 


794  Special  Ordinances. 

3.  FORT  CLARK  HORSE  RAILWAY  COMPANY, 


Section. 

2059.  Grant  of  Right  of  Way— Route. 

2060.  Motive  Power. 

2061.  Poles  and  Wires. 

2062.  Poles  and  Wires— Manner  of  Erecting. 

2063.  Injury  to  Wire— Penalty. 

2064.  Conditions  of  Grant— Bond  to  City- 

Time  Within,  to  Commence  Work 
— Time  for  Completion— Culverts, 
Crossings,  Etc. — Tracks  to  Conform 
to  Grade— Paving  Right  of  Way — 
Failure  to  Pave— Penalty — Con- 
struct Culverts  When  Necessary- 
Rails,  Manner  of  Laying— Former 
Ordinances— Repeal. 

2065.  Manner  of  Removing  Snow. 

2066.  Switches — How  Laid. 

2067.  Rights  Reserved. 

2068.  City  May  Grant  Other  Franchises. 

2069.  Rails— Kind  of. 

2070.  Injury  to  Tracks,  Etc.— Penalty. 

2071.  Consideration  to  be  Paid  for  Fran- 

chise. 


Section. 

2072.  Cars— Kind  of. 

2073.  Cars— Time  of  Running. 

2074.  Cars  to  be  Numbered,  Etc. 

2075.  Conductor  Required  on  Car. 

2076.  Cars  to  be  Kept  in  Repair. 

2077.  Fare. 

2078.  Street  Crossing— Stopping  Cars  on. 

2079.  Sprinkle  Right  of  Way. 

2080.  Franchise  Not  Transferable. 

2081.  Reservation  of  Rights. 

2082.  Right  of  Way  Over  Streets  Not 

Opened. 

2083.  Crossing  Other  Street  Railways. 

2084.  Bridges— Shall  Widen. 

2085.  Negligence — Liability  for. 

2086.  Interpretation  of  Ordinance. 

2087.  Compliance  With. 


AN  ORDINANCE— Granting  the  Fort  Clark  Horse  Railway 
Company  the  Right  and  Authority  to  Construct,  Maintain 
and  Operate  a Double  and  Single  Track  Electric  Street 
Railway  Upon,  Oyer  and  Along  Certain  Streets  and  Ave- 
nues Therein  Named  in  the  City  of  Peoria. 

Be  it  ordained  by  the  city  council  of  the  city  of  Peoria : 

2059.  Grant  of  Right  of  Way — Route.]  § 1.  Subject 
to  the  provisions  and  regulations  hereinafter  made,  and  to  the 
requirements  of  the  general  ordinances  of  said  city,  there  is 
hereby  granted  to  the  Fort  Clark  Horse  Railway  Company, 
of  the  city  of  Peoria,  Illinois,  the  right  and  authority  to  con- 
struct, maintain  and  operate  a street  railway,  with  the  neces- 
sary sidetracks,  turnouts  and  switches,  in,  on  and  along  the 
surface  of  the  following  streets  and  avenues  in  said  city,  viz: 
A double  track  beginning  at  the  city  limits  on  Perry  street, 
thence  along  Perry  street  to  Abingdon  street,  thence  along 
Abingdon  street  to  Monroe  street,  thence  along  Monroe  street 
to  Cornhill  street,  thence  along  Cornhill  street  to  Jefferson 
avenue,  thence  along  Jefferson  avenue  to  Abingdon  street;  a 


Fort  Clark  Horse  Railway  Company.  795 

single  track  from  Abingdon  street,  along  Jefferson  avenue  to 
the  Galena  road;  thence  along  the  Galena  road  to  city  limits; 
a double  track  beginning  on  Monroe  street  at  the  intersection 
of  Cornhill  and  Monroe  streets,  thence  along  Monroe  street  to 
Hamilton  street,  thence  along  Hamilton  street  to  Jefferson  ave- 
nue, thence  along  Jefferson  avenue  to  and  across  Franklin 
street  to  Second  street,  thence  along  Second  street  to  Sanford 
street,  thence  along  Sanford  street  to  West  Jefferson  street  or 
avenue,  thence  along  West  Jefferson  street  or  avenue 
to  the  intersection  of  Spencer  street;  a single  track 
across  Spencer  street  to  Brotherson  street,  thence  along 
Brotherson  street  to  and  across  Pecan  street  to  Howett  street, 
thence  along  Howett  street  to  Western  avenue,  thence  along 
Western  avenue  to  Lincoln  avenue,  thence  along  Lincoln  ave- 
nue to  West  Jefferson  street  or  avenue,  thence  along  West 
Jefferson  street  or  avenue  to  the  double  track  at  the  intersec- 
tion of  Spencer  street.  A double  track  from  the  intersection 
of  Sanford  street  and  Second  Street,  thence  along  Second 
street  to  Seventh  avenue,  thence  along  Seventh  avenue  to  the 
city  limits. 

2060.  Motive  Powers.]  § 2.  Said  company  shall  oper- 
ate said  railway  and  propel  its  cars  by  electric  motive  power, 
and  not  otherwise,  except  that  incase  of  accident  to  machinery 
making  it  necessary,  said  cars  may  be  prppelled  by  animal 
power  for  a period  not  exceeding  thirty  days  for  any  one  ac- 
cident. Provided,  however,  that  said  company  shall  only  use 
animal  power  to  propel  its  cars  during  the  construction  of  the 
appliances  for  operating  its  road  with  electricity  upon  that 
portion  of  its  tracks  now  laid  and  operated  by  said  company 
with  animal  power,  subject  to  the  limits  in  this  ordinance  fixed 
for  the  completion  of  the  construction  of  said  electric  appli- 
ances. 

2061.  Poles  and  Wires.]  § 3.  To  enable  said  Fort 
Clark  Horse  Railway  Company  to  operate  said  railway  by 


796 


Special  Ordinances. 


electricity  said  company  is  hereby  authorized  to  erect  suitable 
poles  or  supports  along  each  side  of  the  streets  and  avenues 
herein  named,  from  the  generator  or  power  station,  or  stations, 
or  car  houses,  provided  said  generator  or  power  station,  or 
stations,  or  car  houses,  are  located  along  the  right  of  way  of 
said  railway  company,  to  and  along  the  lines  of  said  railway, 
and  to  connect  the  poles  or  supports  by  such  wires  as  may  be 
necessary  for  the  transmission  of  power  and  the  successful 
operation  of  said  railway. 

2062,  Poles  and  Wires — Manner  of  Erecting.]  § 4. 

The  current  wires  of  said  company  shall  be  suspended  not  less 
than  eighteen  and  one-half  (i8}4)  feet  above  the  rails,  and  the 
poles  or  supports  of  said  wires  shall  be  placed  on  an  average  of 
not  less  than  one  hundred  and  fifteen  (115)  feet  apart,  and  be 
set  as  near  opposite  the  lot  line  as  possible,  except  at  the  inter- 
section of  streets  and  avenues  where  said  distance  would  place 
the  poles  or  supports  in  the  intersecting  streets  or  avenues. 
Said  poles  or  supports  shall  at  all  times  be  kept  neatly  painted 
mineral  brown  for  the  space  of  eight  (8)  feet  above  the  ground, 
and  the  remaining  portion  of  said  poles  or  supports  shall  be 
painted  white.  Said  poles  or  supports  shall  be  located  under 
the  direction  of  the  city  council,  through  its  committee  of 
streets,  alleys  and  bridges  and  the  city  electrician.  None  of 
said  poles  or  supports  shall  be  placed  nearer  than  fifteen  (15) 
feet  distant  from  all  police,  fire  alarm  and  telegraph  poles,  or 
any  other  poles  to  which  said  city  wires  may  be  attached. 
Said  current  wires  shall  be  attached  to  galvanized  span  wires, 
gauge  not  less  than  number  six  (6)  Brown  and  Sharp;  the 
said  span  wires  shall  be  attached  to  the  poles  by  eye  bolts. 
The  said  span  wires  to  be  well  insulated  from  said  eye  bolts. 
Where  there  is  a double  track  there  shall  be  one  guard  wire 
over  and  along  each  current  wire  for  its  entire  length;  and 
where  there  is  a single  track  there  shall  be  one  guard  wire 
over  and  along  the  current  wire  for  its  entire  length.  All 


Fort  Clark  Horse  Railway  Company.  797 

guard  wires  and  their  supports  shall  be  galvanized,  gauge  not 
less  than  No.  8,  Brown  and  Sharp;  said  guard  wires  shall  at 
all  times  be  kept  three  (3)  feet  or  more  above  said  current 
wires.  The  current  span  wires  shall  at  all  times  be  kept  clear 
of  the  span  guard  wires.  And  when  in  the  judgment  of  the 
city  electrician  and  the  city  council  it  becomes  necessary  to 
elevate  or  move  any  of  the  city’s  wires  and  poles  on  any  of 
the  streets  or  avenues  on  the  right  of  way  herein  granted,  or 
to  move  any  of  the  city’s  wires  and  poles  to  some  other  street 
or  avenue  than  along  the  right  of  way  hereby  granted,  all  the 
expense  connected  with  such  elevation  or  removal  shall  be  at 
once  paid  to  the  city  of  Peoria  by  said  company  upon  demand 
being  made  therefor.  Whenever  it  becomes  necessary  to 
cross  the  current  wires  of  any  other  street  railway  now  oper- 
ated in  said  city  the  said  Fort  Clark  Horse  Railway  Company 
shall  place  its  current  wires  over  the  current  wires  of  said 
other  street  railway,  and  use  the  most  approved  appliances  for 
making  said  crossings;  and  when  said  Fort  Clark  Horse  Rail- 
way Company’s  wires  cause  any  damage  by  coming  in  con- 
tact with  the  wires  of  any  other  street  railway  company  now 
operated  in  said  city,  said  damage  shall  be  paid  by  said  Fort 
Clark  Horse  Railway  Company.  The  decision  of  the  city 
electrician  in  the  construction  of  this  section  shall  be  final  so 
far  as  the  same  relates  to  the  wires  herein  named,  subject, 
however,  to  an  appeal  to  the  city  council  by  the  party  aggrieved 
stating  particularly  the  grounds  of  appeal. 

2063-  Destroying  Wire — Penalty.]  § 5.  Any  person 
other  than  the  city  electrician  and  employes  of  the  city,  who 
shall  willfully  remove  or  break  any  of  the  wires  used  by  said 
railway  company  in  the  operation  of  its  railway  shall  be  fined 
in  any  sum  not  to  exceed  one  hundred  dollars  ($100)  for  each 
wire  or  part  of  wire,  removed  or  broken. 

2064.  Grant  of  Privileges — Conditions.]  § 6.  The 

foregoing  rights  and  privileges  are  granted  upon  the  follow- 
ing conditions,  viz: 


798 


Special  Ordinances. 


Clause  First : Within  thirty  days  after  the  passage  of  this 
ordinance  said  Fort  Clark  Horse  Railway  Company  shall 
cause  to  be  deposited  with  the  city  clerk  of  the  city  of  Peoria 
the  bond  of  said  company,  legally  executed  to  the  city  of 
Peoria,  with  sureties  thereon  to  be  approved  by  the  city  coun- 
cil in  the  sum  of  twenty-five  thousand  dollars  ($25,000),  and 
conditioned  that  said  company  will  strictly  comply  with  the 
conditions  hereinafter  in  this  section  of  this  ordinance  imposed, 
making  a compliance  with  this  section  of  this  ordinance  the 
condition  of  said  bond,  and  said  bond  shall  provide  the  pay- 
ment of  the  full  penalty  thereof  into  the  treasury  of  said  city 
as  liquidated  damages  in  case  any  of  the  conditions  of  said 
bond  or  ordinance  shall  be  broken  by  said  company.  Said 
bond  shall  further  be  conditioned  for  the  performance  by  the 
Fort  Clark  Horse  Railway  Company  of  the  conditions  im- 
posed upon  it  by  this  ordinance,  which  are  required  to  be  per- 
formed by  said  company  within  four  years  from  the  passage 
of  this  ordinance;  and  if  said  company  shall  perform  the  con- 
ditions and  requirements  of  this  ordinance,  then  said  bond  to 
be  null  and  void,  otherwise  the  full  penalty  of  said  bond  to  be 
collected  and  turned  into  the  city  treasury  as  liquidated  dam- 
ages paid  by  said  company  for  its  failure  to  comply  with  the 
terms  hereof;  and  the  rights  and  privileges  conferred  by  this 
ordinance  shall  be  forfeited  to  the  city,  wholly  and  in  every 
part,  if  the  said  company  shall  not  have  its  said  railway  in 
operation  in  the  manner  herein  provided  on  all  the  streets  and 
avenues  where  the  right  of  way  is  hereby  granted  to  it  by 
this  ordinance  within  two  years  from  the  date  of  the  passage 
of  this  ordinance. 

Provided , however , that  if  said  railway  company  shall  be 
enjoined,  restrained  or  prevented,  by  any  legal  proceedings, 
from  prosecuting  the  construction  of  any  part  of  its  road,  the 
time  during  which  any  injunction,  prevention,  or  restraining 
order  is  in  force,  shall  be  added  to  the  time  within  which  said 


Fort  Clark  Horse  Railway  Company.  799 

company  is  to  construct  the  lines  of  railway  provided  for  in 
this  ordinance. 

Limit  to  Commence  Work.]  Clause  Second.  Said  com- 
pany shall  commence  constructing  and  remodeling  the  pres- 
ent tracks  now  operated  by  said  company  upon  the  streets 
over  which  the  franchise  herein  granted  extends  and  be- 
gin constructing  the  appliances  for  propelling  cars  and  oper- 
ating said  road  with  electric  motive  power  within  four  months 
after  the  date  of  the  passage  of  this  ordinance. 

Limit  for  Finishing  Work.]  Clause  Third.  All  of  the 
present  track,  or  tracks,  of  said  Fort  Clark  Horse  Railway 
Company  upon  the  streets  and  avenues  over  which  this  fran- 
chise is  granted,  and  upon  which  the  cars  are  now  propelled 
by  animal  power,  except  that  portion  now  operated  on  Second 
street,  between  Sanford  and  Spencer  streets,  shall  be  fully 
equipped  and  in  operation  with  electric  appliances  for  propp- 
ing cars  within  twelve  (12)  months  from  the  date  of  the  pas- 
sage of  this  ordinance,  and  of  all  the  balance  of  the  right  of 
way  herein  granted  shall  be  in  operation  with  electricity 
within  two  years  from  said  date. 

Culverts,  Crossings  and  Gutters.]  Clause  Fourth.  Said 
company  shall,  under  the  direction  of  the  city  council,  through 
its  committee  on  streets,  alleys  and  bridges  and  the  city  engi- 
neer, construct  culverts  across  the  full  width  of  the  streets  and 
avenues,  wherever  made  necessary,  in  the  judgment  of  the 
city  engineer  or  city  council,  by  reason  of  the  granting  of  this 
franchise,  and  in  constructing  its  tracks  said  company  shall 
not  disturb,  remove  or  displace  any  of  the  street  crossings  or 
gutters  existing  at  the  time,  unless  the  same  is  permitted  by 
the  city  council,  and  in  case  of  the  displacement  or  removal  of 
any  of  said  crossings  or  gutters  by  said  company,  it  shall  im- 
mediately after  the  construction  of  its  tracks  at  said  crossings 
restore  said  crossings,  culverts  and  gutters,  and  shall  there- 
after, during  the  continuance  of  its  rights  under  this  ordinance, 


8oo 


Special  Ordinances. 


maintain  and  keep  in  good  repair  all  of  said  streets  and  avenue 
crossings  and  culverts  the  entire  width  of  the  right  of  way  of 
said  company. 

Tracks  Shall  Conform  to  Street  Grade.]  Clause  Fifth. 
If  at  any  time  the  city  council  should  establish  a grade  on  any 
street  or  avenue  used  or  occupied  by  the  track  or  tracks  of 
said  company,  or  should  change  the  grade  already  established, 
the  said  railway  company  shall  raise  or  lower  its  tracks  to 
conform  to  said  grade  when  notified  so  to  do  by  the  city  coun- 
cil or  city  engineer,  at  the  said  Fort  Clark  Horse  Railway 
Company’s  own  cost  and  expense. 

Paving  Right  of  Way.]  Clause  Sixth.  The  said  railway 
company  shall  pave  its  right  of  way  the  full  width  of  fourteen 
(14)  feet  where  double  tracks  are  laid,  and  the  full  width  of 
seven  feet  where  a single  track  is  laid.  The  pavement  to  be 
laid  on  said  right  of  way  by  said  company  on  the  outside  of 
the  outside  rails  of  said  tracks,  at  the  same  time  the  abutting 
streets  are  paved;  said  pavement  to  be  done  in  the  following 
manner,  that  is  to  say:  Said  company  shall  within  one  year 
from  the  date  of  the  passage  of  this  ordinance,  pave  said  right 
of  way  with  good  paving  brick,  satisfactory  to  the  city  coun- 
cil, on  the  following  streets  and  avenues,  viz:  On  Jefferson 
avenue  from  Franklin  street  to  Hamilton  street,  on  Hamilton 
street  from  Jefferson  avenue  to  Monroe  street.  The  said 
company  shall  pave  its  right  of  way  with  cobble  stones, 
within  one  year  from  the  above  date,  upon  the  following 
streets  and  avenues,  viz:  On  Lincoln  avenue  its  entire  length 
to  Western  avenue,  except  that  portion  of  said  avenue  which 
is  now  paved  with  brick,  which  said  right  of  way  for  the  dis- 
tance said  avenue  is  so  paved,  shall  be  paved  with  brick ; on 
Western  avenue  its  entire  length;  on[Seventh  avenue  its  entire 
length;  and  on  Second  street  from  Franklin  street  to  Spencer 
street,  except  that  part  of  Second  street  where  said  street  is 
paved  with  brick,  which  said  portion  of  said  right  of  way 


Fort  Clark  Horse  Railway  Company. 


8or 


shall  be  paved  with  brick.  On  Jefferson  avenue  from  Abing- 
don street  to  Galena  road.  All  the  balance  of  the  right  of 
way  granted  under  this  ordinance  shall  be  paved  with  cobble 
stones  or  brick  within  three  years  from  the  date  of  the  pas- 
sage of  this  ordinance.  On  all  streets  over  which  said  right 
of  way  is  hereby  granted  that  are  paved  with  brick,  where  it 
is  necessary  to  displace  said  pavement,  the  said  company  shall 
pay  into  the  city  treasury  the  cost  of  said  pavement  for  the 
width  of  the  right  of  way  of  said  company,  taken  on  said 
streets:  Provided , however , where  said  company  has  paved 
its  right  of  way  with  cobble  stones,  and  the  streets  or  avenues 
abutting  upon  such  pavement  are  hereafter  paved  with  brick 
or  other  material,  said  company  is  required  to  take  up  said 
cobble  stone  pavement  and  repave  said  right  of  way  at  the 
same  time  and  with  the  same  material  with  which  said  abut- 
ting streets  and  avenues  are  paved.  All  paving  required  to  be 
laid  by  said  company  shall  be  laid  and  kept  in  repair  with  the 
same  material  originally  used  in  said  pavement,  subject  to  the 
requirements  herein  contained,  and  at  the  expense  of  said 
company. 

Failure  to  Pave  — Penalty.]  Clause  Seventh . If  said 
company  shall  fail  to  comply  with  the  provisions  of  this  sec- 
tion requiring  it  to  repair  a pavement  on  its  right  of  way  on 
any  street  or  avenue  after  notice  to  do  so  by  the  city  council,  or 
city  engineer,  by  service  thereof  on  any  officer  of  said  company, 
for  ten  days  after  receiving  such  notice,  said  company  shall 
forfeit  and  pay  into  the  city  treasury  the  sum  of  twenty-five 
dollars  ($25)  per  day  for  the  time  said  company  shall  fail  to 
put  down  or  repair  said  pavement,  as  liquidated  damages,  the 
same  to  be  recoverable  of  and  from  said  company  by  the  city 
of  Peoria  in  an  action  of  debt  and  said  paving  may  be  re- 
paired by  the  city  of  Peoria  at  the  expense  of  said  company,  and 
said  company  shall  repay  the  cost  thereof  to  the  city  on  demand. 

Construction  of  Culverts  When  Necessary.]  Clause 
Eighth.  Said  railway  company  shall  construct  at  all  places,  on 
52 


802 


Special  Ordinances. 


streets  and  avenues,  where  made  necessary,  in  the  judgment 
of  the  city  council,  by  reason  of  the  location  and  building  of 
of  said  railway  thereon,  across  the  entire  width  of  said  streets 
and  avenues,  proper  and  sufficient  culverts  of  such  material  as 
may  be  designated  by  the  city  council,  to  carry  off  all  surface 
water  collecting  on  or  upon  said  streets  or  avenues  upon  or 
or  over  which  the  right  of  way  to  said  company  is  hereby 
granted,  and  shall  at  its  own  expense  keep  and  maintain  the 
same  in  good  condition  and  repair,  continually,  under  it's  right 
of  way,  during  its  occupancy  of  said  streets  and  avenues. 

Rails — Manner  of  Laying.]  Clause  Ninth.  The  rails  to 
be  laid  and  used  in  the  construction  of  said  railway  shall  not  be 
elevated  above  the  surface  of  the  street,  but  shall  be 
so  laid  and  used  that  their  upper  surface  shall  be  flush  with 
the  pavement,  and  so  that  carriages  and  vehicles  can  safely 
cross  said  tracks  at  any  and  all  points  thereof  and  on  turning 
a corner  of  any  street  the  rails  shall  swing  to  the  inside  so  as 
to  leave  both  streets  as  clear  as  possible,  but  the  city  council 
shall  at  all  times,  through  its  committee  on  streets,  alleys  and 
bridges,  and  the  city  engineer,  control  the  manner  of  laying 
such  tracks,  and  may  cause  the  same  to  be  taken  up  and 
changed  and  relaid  if  their  directions  are  not  followed,  and 
may  give  such  directions  as  will  be  for  the  best  interest  of  the 
public,  which  directions  shall  be  by  the  company  followed  and 
obeyed. 

Former  Ordinances,  Etc. — Repeal.]  Clause  Tenth.  Upon 
the  acceptance  of  this  ordinance  by  the  Fort  Clark  Horse 
Railway  Company,  all  former  ordinances  passed  by  the  city 
council  of  the  city  of  Peoria  granting  franchises  to  the  said 
Fort  Clark  Horse  Railway  Company  upon,  along  and  over 
any  of  the  streets  and  avenues  named  in  this  ordinance,  or  any 
other  streets  or  avenues  in  said  city,  and  all  contracts  hereto- 
fore entered  into  by  the  city  of  Peoria  with  the  said  Fort 
Clark  Horse  Railway  Company  under  or  by  virtue  of  any 


Fort  Clark  Horse  Railway  Company.  803 

ordinances  of  said  city  shall  be  surrendered,  and  forfeited 
wholly  and  in  every  part  to  the  city  of  Peoria  by  the  said  Fort 
Clark  Horse  Railway  Company;  subject  to  the  right  of  said 
Fort  Clark  Horse  Railway  Company  to  use  its  presentgtracks 
now  operated  in  said  city,  under  the  conditions  and  require- 
ments imposed  by  this  ordinance,  for  a period  of  not  exceed- 
ing two  (2)  years  from  the  date  of  the  passage  of  this  ordi- 
nance. 

2065.  Manner  of  Removing-  Snow.]  § 7.  When  said 
company  shall  remove  snow  from  its  tracks  in  the  streets  of 
the  city  by  means  of  snow  plows,  or  otherwise,  it  shall  cause 
such  snow  to  be  levelled  off  in  such  a way  as  to  make  such 
streets  safe  and  convenient  for  public  travel,  and  it  shall  keep 
all  crossings  across  its  right  of  way  clear  of  snow  and  debris 
at  all  times.  And  said  company  shall  be  required  to  clean  its 
right  of  way  upon  any  street  or  avenue  upon  notice  from  the 
superintendent  of  streets  of  said  city,  at  the  same  time  and 
places  and  for  the  same  distance  said  streets  and  avenues  are 
cleaned  by  said  city. 

2066.  Manner  of  Laying  Turnouts  and  Switches.] 

^ 8.  In  all  streets  or  avenues  where  two  tracks  are  laid  all 
the  sidetracks,  turnouts  and  switches  permitted  by  this  ordi- 
nance shall  run  from  one  track  to  the  other,  and  shall  in  no 
case  be  laid  outside  of  the  main  or  double  tracks,  but  spur 
tracks  may  be  laid  from  the  main  track  to  the  company’s  car- 
houses  and  power  stations,  provided  the  same  are  located 
along  the  right  of  way  of  said  company.  In  no  ease,  where 
single  tracks  are  laid  shall  switches  or  turnouts  be  constructed, 
except  to  the  car-houses  or  power  stations  along  said  right  of 
way. 

2067.  Reserved  Rights.]  § 9.  The  city  of  Peoria  re- 
serves the  right  to  disturb  the  track,  or  tracks,  of  said  railway 
company  when  it  shall  become  necessary  for  building  or  re- 
placing sewers,  laying  water  pipes,  or  for  improving  the 


8o4 


Special  Ordinances. 


streets  or  performing  any  other  of  the  city’s  improvements, 
the  same  to  be  done  so  as  to  cause  the  least  delay  in  running 
the  cars  upon  said  tracks,  and  the  tracks  to  be  replaced  and 
protected  by  said  company  at  its  own  expense  when  removed 
or  disturbed  by  the  city  for  such  purposes;  but  the  city  to  re- 
place paving  where  said  right  of  way  is  paved.  Said  city  also 
reserves  the  right  to  permit  the  company’s  wires  to  be  dis- 
turbed at  any  and  all  times  when  necessary  to  enable  said 
streets  to  be  used  for  the  purpose  of  moving  houses,  and  for 
any  other  proper  use  of  said  streets  by  the  public;  the  same  to 
be  done  so  as  to  cause  the  least  delay  possible  to  the  business 
of  said  company. 

2068.  Reserves  Right  to  Grant  Other  Franchises.] 

| io.  The  right  to  grant  the  privilege  of  the  use  of  the  tracks 
of  said  company  to  any  other  street  railway  company  is  hereby 
expressly  reserved  to  the  city  council;  but  the  entire  distance 
traversed  by  any  other  company  on  said  Fort  Clark  Horse 
Railway  Company’s  track  shall  not  exceed  four  blocks,  and 
then  only  at  one  point  on  the  right  of  way  of  said  Fort  Clark 
Horse  Railway  Company:  Provided , that  such  privileges 
shall  not  be  granted  to  any  other  company  that  is  not  ex- 
pressly required  by  its  ordinance  to  concede,  or  will  not  con- 
cede, a like  privilege,  to  said  Fort  Clark  Horse  Railway  Com- 
pany. And,  -provided,  farther,  that  the  said  privileges  shall 
not  be  used  when  granted,  so  as  to  interfere  unnecessarily 
with  the  traffic  and  business  of  said  Fort  Clark  Horse  Rail- 
way Company,  and  not  until  a fair  compensation  therefor  shall 
be  determined  and  paid.  And  in  the  event  of  the  failure  of 
said  companies  to  agree  on  the  amount  of  such  compensation 
the  city  council  of  the  city  of  Peoria  shall  be  the  judge,  and 
shall  fix  the  amount  of  compensation  to  be  paid  by  said  other 
company  to  the  Fort  Clark  Horse  Railway  Company.  And 
if  said  Fort  Clark  Horse  Railway  Company  shall  prevent 
or  refuse  to  permit  the  use  of  said  track  or  tracks  after  a ten- 


Fort  Clark  Horse  Railway  Company.  805 

der  to  it  of  the  amount  so  fixed  by  the  city  council,  by  the 
party  interested,  said  company  shall  thereby  forfeit  its  rights 
on  the  street  in  controversy  under  said  ordinance. 

2069  Kind  of  Rails  to  be  Used.]  §11.  The  rails 
used  by  said  company  shall  be  the  flat  rail,  of  Johnson  make, 
or  other  rails  presenting  substantially  the  same  surface,  to  be 
approved  by  the  city  council;  the  gauge  of  said  track  shall  be 
four  feet  eight  and  one-half  inches. 

2070-  Rights  Reserved  as  to  Right  of  Way.]  § 12. 

The  right  is  hereby  reserved  by  the  city  council  for  carriages 
and  all  vehicles  to  travel  over  and  along  said  tracks,  but  said 
carriages  or  vehicles  shall  in  no  manner  or  way  interfere  with 
the  running  of  said  cars  nor  in  any  way  work  unnecessary  in- 
jury to  said  tracks  or  cars.  And  any  person  or  persons  who 
shall  willfully  or  unnecessarily  obstruct  the  passage  of  the  cars 
of  said  company  along  its  tracks,  or  willfully  or  unnecessarily 
injure  said  tracks  or  cars  in  any  manner,  shall,  for  each  of- 
fense, be  fined  in  an)  sum  not  exceeding  twenty-five  ($25) 
dollars,  nor  less  than  one  ($1)  dollar. 

2071.  Consideration  to  be  Paid  City.]  § 13.  The 

said  Fort  Clark  Horse  Railway  Company  shall,  beginning  at 
the  expiration  of  eight  years  from  the  date  of  the  passage  of 
this  ordinance,  pay  into  the  city  treasury  of  the  city  of  Peoria 
at  the  end  of  every  six  months  thereafter,  an  amount  equal  to 
two  (2)  per  cent,  of  the  amount  of  the  gross  earnings  for  the 
said  six  months  of  the  said  Fort  Clark  Horse  Railway  Com- 
pany, the  payment  of  the  same  being  an  express  condition  and 
consideration  to  be  performed  and  paid  by  said  company  to 
the  cily  of  Peoria,  in  addition  to  the  other  considerations  and 
conditions  herein  mentioned,  for  the  rights  and  franchises 
hereby  granted  and  conferred;  and  said  company  shall  make 
a true  report,  under  oath,  to  the  city  council  of  the  city  of 
Peoria  of  the  gross  amounts  of  said  earnings,  by  and  through 
its  president  or  treasurer  at  the  end  of  every  six  months  afore- 


8o  6 


Special  Ordinances. 


said,  and  said  report  shall  be  accompanied  by  the  amount  of 
money  then  due  the  said  city  under  this  and  all  other  provisions 
of  this  ordinance  and  all  amendments  thereto;  and  the  city  coun- 
cil, by  its  committees,  and  the  mayor,  treasurer  and  clerk  of 
said  city,  and  any  person  or  persons  appointed  by  the  citv 
council  for  that  purpose,  shall  have  the  right  at  all  times  to 
investigate  said  company’s  books  for  the  purpose  of  ascertain- 
ing the  amount  of  said  company’s  gross  earnings  as  aforesaid. 

2072.  Kind  of  Cars  to  be  Used.]  § 14.  All  the  cars 
used  by  said  company  shall  be  new  when  first  used  under  this 
ordinance;  they  shall  not  be  less  than  fourteen  (14)  feet  in 
length,  exclusive  of  platform.  Said  company  shall  at  all  times 
adopt  and  fit  up  its  cars  with  all  new  improvements  invented 
for  the  convenience  and  comfort  of  passengers;  its  cars  shall 
be  of  the  most  improved  make  at  the  time  of  their  first  use 
upon  the  road,  of  good  style,  and  shall  be  kept  at  all  times, 
when  in  use,  clean  and  well  ventilated,  well  lighted  and,  in 
winter,  well  heated.  But  on  holidays,  and  on  days  when  it 
may  be  necessary  to  accommodate  the  increased  number  of 
passengers  occasioned  by  attendance  at  fairs,  shows,  concerts 
and  other  entertainments  of  like  character,  said  company  may 
use  its  old  cars  as  part  of  a train  of  cars  on  said  road : Pro- 
vided, that  said  old  cars  shall  be  thoroughly  cleaned,  repaired, 
repainted  and  put  in  good,  comfortable  condition  before  being 
used,  and  shall  thereafter  be  kept  in  good  condition  when  in 
use:  Provided, further,  said  old  cars  may  be  used  tempor- 
arily on  said  lines  pending  the  construction  of  said  new  road 
and  cars,  not  exceeding  two  (2)  years  after  date  of  the  pas- 
sage of  this  ordinance. 

2073-  Time  of  Running  Cars.]  § 15.  For  the  better 
regulating  the  running  of  cars  upon  the  right  of  way  herein 
granted  to  the  Fort  Clark  Horse  Railway  Company  it  is 
hereby  ordained  that  a car  shall  leave  two  certain  points  or 
stations  and  run  in  opposite  directions  on  the  line  of  said  right 


Fort  Clark  Horse  Railway  Company.  807 

of  way  at  the  times  hereinafter  designated.  Said  stations 
shall  be  located  at  the  intersection  of  Lincoln  avenue  and 
Western  avenue,  and  at  the  intersection  of  the  city  limits  and 
Perry  street.  All  cars  of  said  company,  on  each  division  of 
said  railway,  shall  be  run  every  day  at  intervals  of  not  over 
eight  (8)  minutes.  A car  shall  leave  each  of  said  stations 
above  designated  not  later  than  6:15  o’clock  a.  m.,  and  a car 
shall  leave  each  of  said  stations  not  earlier  than  11  o’clock  p„ 
m.,  except  on  Sundays  when  said  cars  may  leave  the  re- 
spective points  one  hour  later  in  the  morning,  and  all  regu- 
lar cars  shall  run  the  entire  length  of  the  regular  trips  on 
every  trip,  on  each  division  of  said  road.  One  of  the  divisions 
of  said  road  shall  be  from  Seventh  avenue  to  the  city  limits  on 
Perry  street;  the  other  division  of  said  road  shalj  be  from 
Lincoln  avenue  to  the  Galena  road. 

2074.  Cars  to  be  Numbered,  &c.]  § 16.  All  cars 

shall  be  distinctly  numbered,  both  inside  and  outside,  and  the 
cars  of  the  different  routes  running  in  part  on  the  same  track 
shall  be  distinguished  by  a difference  of  color,  so  far  as  prac- 
ticable, and  be  appropriately  lettered  to  indicate  the  streets  or 
routes  upon  which  the  same  run,  and,  in  the  night,  shall  in  all 
cases,  be  sufficiently  distinguished  by  the  form  or  color  of  sig- 
nal lights,  and  shall  have  lights  on  the  sides  as  well  as  front 
and  rear,  so  as  to  prevent  the  cars  of  different  routes  being 
mistaken  for  each  other. 

2075.  Conductor.]  § 17.  Said  company  shall  not  suffer 
any  car  propelled  by  electricity  to  run  any  of  its  lines  at  any 
time  unless  the  same  shall  be  in  charge  of,  and  under  the  con- 
trol of  some  competent  conductor,  other  than  the  man  in 
charge  of  the  motor  power,  who  shall  be  familiar  with  the 
localities  and  streets  along  the  right  of  way  hereby  granted  to 
said  company.  The  name  of  each  street  along  the  line  of 
said  right  of  way,  as  approached  by  any  car  containing  pas- 
sengers, shall  be  called  by  the  conductor  in  charge  of  said 


car. 


8o8 


Special  Ordinances. 


2076.  Cars  to  be  Kept  in  Repair.]  § 18.  No  car  shall 
be  used  by  said  company  upon  any  of  its  respective  lines 
which  has  a broken  window,  door,  step,  or  insufficient  fasten- 
ing, or  is  otherwise  damaged,  longer  than  during  the  day  such 
breakage,  insufficient  fastening  or  damage  may  occur. 

2077.  Fare.]  § 19.  The  rate  of  fare  for  a continuous 
trip  in  one  direction  shall  not  exceed  five  cents  for  any  person. 
All  passengers  after  paying  one  fare,  shall  be  entitled  to  re- 
ceive transfer  tickets  for  a -continuous  trip,  which  will  pass 
them  from  the  line  of  railway  upon  which  said  fare  is  paid  to 
any  point  on  any  other  line  of  street  railway  that  is  being  now, 
or  may  be  hereafter,  operated  by  the  said  Fort  Clark  Horse 
Railway  Company;  said  company  shall  give  passengers  trans- 
fer tickets  before  the  car,  on  which  said  transfer  ticket  is  re- 
quested by  any  passenger,  reaches  the  junction  of  the  division 
of  said  line  to  which  said  passenger  desires  to  be  transfered. 

The  said  company  shall  keep  for  sale  at  its  office  and  upon 
all  cars  running  on  its  lines  passenger  tickets  in  packages  of 
twelve  (12)  each,  which  it  shall  sell  for  fifty  cents;  and  each 
of  such  tickets  shall  be  taken  in  payment  of  one  continuous 
trip  with  all  the  rights  of  transfer  and  through  carriage  pro- 
vided for  in  this  section.  Every  child  of  six  years  of  age  and 
under,  accompanied  by  its  parent  or  guardian,  shall  be 
passed  free  of  charge. 

2078.  Street  Crossings — Cars  Not  to  Stop  on.]  § 20. 

No  car  shall  be  allowed  to  stop  upon  a cross  walk  or  in  front 
of  any  intersecting  street,  except  to  avoid  a collision  or  prevent 
danger  to  persons  or  property  in  the  street.  When  the  con- 
ductor of  any  car  is  required  to  stop  at  the  intersection  of 
streets  to  receive  or  leave  a passenger,  the  car  shall  be  stopped 
so  as  to  leave  the  rear  platform  slightly  over  the  crossing. 

2079.  Sprinkle  Right  of  Way.]  §21.  Said  Fort  Clark 
Horse  Railway  Company,  shall  during  the  dusty  seasons  of 


Fort  Clark  Horse  Railway  Company.  809 

the  year,  when  ordered,  or  required  to  do  so  by  the  city 
council,  keep  its  right  of  way,  or  such  portions  of  its  right  of 
way,  as  designated  in  the  order  of  the  city  council,  sprinkled 
in  such  a manner  that  the  dust  arising  from  the  operating  of 
its  cars  upon  its  lines  over  said  right  of  way,  shall  cause  no 
inconvenience  to  the  public,  or  the  passengers  riding  upon  the 
cars  of  said  railway  company:  Provided , the  said  city  of 
Peoria  shall  furnish  the  water  for  said  sprinkling  from  the 
hydrants  along  the  right  of  way  of  said  company,  by  order 
upon  the  Peoria  Water  Company. 

2080.  Franchise  Not  Transferable.]  § 22.  Said  rights 
and  franchises  hereby  granted  to  the  Fort  Clark  Horse  Rail- 
way Company  shall  not  be  transferable  or  assignable  by  said 
company  to  any  individual  or  other  company,  except  with  the 
consent  of  the  city  council  first  had;  nor  shall  said  road,  or 
any  part  thereof,  be  sold  or  leased  to  any  person  or  persons, 
company  or  corporation,  or  consolidated  with  any  other  rail- 
way, or  any  other  railway  acquired  by  it  in  this  city,  without 
the  city  council  of  this  city  first  authorizing  the  same  to  be 
done  by  ordinance;  and  in  said  ordinance  other  conditions  may 
be  imposed  in  consideration  of  granting  said  permission. 

2081*  Reservation  of  Rights.]  § 23.  The  city  of 
Peoria  hereby  reserves  the  right  to  permit  another  railway 
company  to  enter  upon  any  or  all  of  the  streets  and  avenues 
named  in  this  ordinance  in  which  rights  of  way  are  hereby 
granted  to  said  Fort  Clark  Horse  Railway  Company,  at  any 
time  after  nineteen  (19)  years  from  the  date  of  the  passage  of 
this  ordinance,  for  the  purpose  of  constructing,  or  preparing  to 
construct  a new  line  of  street  railway,  the  same  to  be  so  done 
as  to  cause  the  least  obstruction  and  delay  to  the  running  of 
the  cars  of  the  said  Fort  Clark  Horse  Railway  Company  pos- 
sible. 

2082.  Right  of  Way  Over  Streets  Not  Opened.]  § 24. 

All  parts  of  streets  and  avenues  in  said  city  over  which  the 


8io 


Special  Ordinances. 


right  of  way  is  hereby  granted  to  the  said  Fort  Clark  Horse 
Railway  Company  which  are  not  opened  and  dedicated  to  the 
public,  the  said  city  of  Peoria  shall  pass  all  necessary  ordi- 
nantes  for  condemning  of  said  streets  and  avenues,  or  any 
part  of  them,  as  soon  as  possible,  and  the  said  Fort  Clark 
Horse  Railway  Company  shall  pay  to  the  said  city  of  Peoria 
all  costs  and  damages  for  the  condemning  and  opening  of  said 
streets  and  avenues  upon  demand  being  made  upon  said  com- 
pany for  the  same. 

2083°  Crossing  Other  Street  Railways.]  § 25. 

Wherever  it  becomes  necessary  on  the  line  of  the  right  of  way, 
hereby  granted  to  said  Fort  Clark  Horse  Railway  Company, 
to  cross  the  tracks  of  any  other  street  railway  company, 
now  operated  in  the  city  of  Peoria,  the  said  Fort  Clark  Horse 
Railway  Company  shall,  at  its  own  expense,  put  down  and 
maintain  all  of  said  street  railway  crossings. 

2084,  Bridges — Shall  Extend.]  § 26.  Said  Fort  Clark 
Horse  Railway  Company  shall  extend  the  bridge  on  Jefferson 
avenue  at  or  near  the  intersection  of  Grant  street  and  said  ave- 
nue, so  as  to  leave  a passage  way  on  said  avenue  for  vehicles, 
thirteen  (13)  feet  wide  between  the  rail  of  said  company’s 
track  and  the  curb  line  on  the  easterly  side  of  said  avenue,  and 
said  company  shall  at  its  own  cost  and  expense  fill  in  the  road- 
way where  necessary  on  the  easterly  side  of  said  company’s 
said  right  of  way,  on  said  avenue  for  the  width  of  thirteen  (13) 
feet. 

2085  Liability  for  Negligence.]  § 27.  Said  Fort 
Clark  Horse  railway  Company  shall  be  liable  for  and  pay  to 
the  persons,  companies  or  corporations  injured  all  damages 
which  may  result  from  the  passage  of  this  ordinance  or  from 
carelessness,  negligence  or  misconduct  of  said  company,  or  any 
agent  or  servant  of  said  company,  in  the  operation  of  said  rail- 
way or  railways  which  it  may  build,  own,  lease  or  control, 
and  said  company  shall  save  and  keep  harmless  the  said  city 


Fort  Clark  Horse  Railway  Company. 


8ii 


of  Peoria  on  account  of  any  and  all  damages  and  costs  in  all 
causes  of  action  that  may  be  brought  by,  or  accrue  to,  any  per- 
son or  persons,  company  or  corporation,  at  any  time  hereafter, 
by  reason  of  carelessness  or  negligence,  and  by  reason  of  the 
construction  and  operation  of  said  railway,  or  any  part  of  it, 
in  which  said  city  may  be  sued  separately  or  impleaded  with 
said  company,  or  otherwise,  including  reasonable  attorney’s 
fees  for  the  city  attorney  and  for  other  counsel  employed  by 
said  city  in  or  about  such  suits,  if  any. 

2086.  Intrepretation.]  § 28.  It  is  expressly  understood 
and  the  Fort  Clark  Horse  Railway  Company  consents  and 
agrees  by  accepting  this  ordinance  that  in  interpreting,  con- 
struing, and  giving  effect  to  this  ordinance,  each  and  every 
expression  used,  if  any,  which  is  susceptible  of  more  than  one 
interpretation  or  meaning  the  interpretation  and  meaning  most 
favorable,  and  best  protects  the  interest  of  the  city  of  Peoria, 
and  the  inhabitants  thereof  shall  be  adopted. 

2087.  Compliance  With  Ordinance.]  § 29.  If  the 

said  railway  company  shall  faithfully  comply  with  the  forego- 
ing requirements  of  this  ordinance,  the  right  of  said  company 
to  operate  said  railway  shall  extend  to  the  full  expiration  of 
twenty  (20)  years  from  the  passage  of  this  ordinance,  other- 
wise, the  city  council  may  declare  said  company’s  rights  for- 
feited any  time  after  thirty  (30)  days’  notice  to  said  company, 
that  its  rights  will  be  forfeited  for  its  failure  to  comply  with 
the  requirements  hereof.  Said  notice  shall  particularly  specify 
the  matters  complained  of  by  the  city  council,  and  the  com- 
pany to  be  given  an  opportunity  to  comply  with  said  require- 
ments within  thirty  (30)  days. 

At  the  expiration  of  its  rights  under  this  ordinance,  said 
Fort  Clark  Horse  Railway  shall  remove  its  rails  and  ties  and 
other  properties  from  the  streets  and  avenues  occupied  by  it 
within  sixty  (60)  days,  and  shall  leave  said  streets  and  avenues 
paved  and  in  as  good  condition  as  though  the  same  had  not 


8l2 


Special  Ordinances. 


been  occupied  by  it;  and  the  said  Fort  Clark  Horse  Railway 
Company  shall,  within  thirty  days  after  the  date  of  the  pas- 
sage of  this  ordinance,  enter  into  a written  agreement  with  the 
city  of  Peoria,  to  be  duly  executed  by  its  president  and  secre- 
tary, under  the  corporate  seal  of  said  company,  and  filed  in  the 
city  clerk’s  office,  and  on  the  part  of  the  city  of  Peoria  to  be 
signed  by  the  mayor  and  countersigned  and  sealed  with  the 
city  seal  by  the  clerk  of  said  city  of  Peoria,  obligating  said 
company  and  said  city  to  abide  by  and  perform  the  stipula- 
tions and  provisions  in  this  ordinance  contained.  Which  agree- 
ment, when  executed,  shall  be  mutually  binding  upon  both  of 
said  parties  as  a contract. 

Passed  in  council  this  18th  day  of  May,  A.  D.  1891. 

M.  R.  FAY,  CHARLES  C.  CLARKE, 

City  Clerk.  Mayor. 


JENNY  ELECTRIC  LIGHT  AND  POWER  COM- 
PANY. 


Section.  Section. 

2088.  Proposal  for  Lighting.  2090.  Public  Lighting. 

2089.  Acceptance — Conditional.  2091.  Consideration  for  City  Lighting. 


A Contract  and  Ordinance  Accepting  the  Proposal  of  the 
Jenney  Electric  Light  and  Power  Company  of  Peoria, 
Illinois  for  the  Public  Lighting  of  the  City  of  Peoria, 
Illinois,  for  a Period  of  Five  Years  from  the  1st  Day  of 
November,  A.  D.  1891: 

2088.  Preamble.]  Whereas,  The  city  of  Peoria  in  the 
State  of  Illinois,  did  on  to-wit,  the  28th  day  of  March,  1891, 
and  for  several  days  thereafter  advertise  in  The  Peoria  Daily 
Transcript,  the  official  organ  of  said  city,  for  bids  for  the 
lighting  of  said  city  by  electricity  in  the  manner  as  specified 
in  said  advertisement,  which  said  advertisement  was  in  the 
following  words,  to-wit: 


Electric  Light  Company 


813 


SEALED  PROPOSALS  FOR  ELECTRIC  LIGHTING. 

Sealed  proposals  for  lighting  the  city  of  Peoria  with  electricity  will  be 
received  at  the  city  clerk’s  office  until  noon,  April  18th,  1891. 

Proposals  shall  be  made  on  the  following  basis,  to-wit: 

For  300  to  400  arc  lights  of  not  less  than  2,000  candle  power  each. 

A full  and  complete  description  of  plant,  system  and  method  of  lighting 
shall  be  required  of  each  bidder. 

A certified  check  for  $10,000.00  on  some  Peoria  bank  made  payable  to 
the  order  of  the  mayor  of  Peoria  must  accompany  each  proposal. 

Contract  from  one  to  five  years. 

The  city  reserves  the  right  to  reject  any  or  all  bids. 

By  order  of  city  council. 

City  Hall,  Peoria,  March  27,  1891. 

M.  R.  FAY,  City  Clerk. 

And,  Whereas,  in  answer  to  said  advertisement  for  propos- 
als for  the  lighting  of  said  city  in  the  manner  as  therein  specified, 
the  Jenney  Electric  Light  and  Power  Company  of  Peoria,  Illi- 
nois, submitted  its  proposal  for  the  lighting  of  said  city  in  the 
following  words  and  figures,  to-wit: 

Peoria,  111.,  April  18th,  1891. 

To  the  Mayor  and  Alderman  of  the  City  Council,  Peoria , 
Illinois — Gentlemen;  The  Jenney  Electric  Light  & Power 
Co.,  of  Peoria,  111.,  propose  to  light  the  city  of  Peoria,  with 
from  three  hundred  to  four  hundred  double  arc  electric  lamps, 
as  may  be  desired,  of  the  standard  two  thousand  candle 
power,  to  be  lit  every  night  and  all  night  except  when  it  is 
moonlight,  on  the  following  terms: 

Our  system  is  the  Thompson-Houston  dynamo,  double  arc 
lamp.  For  a more  full  description  of  our  plant,  will  refer  you 
to  our  plant  as  now  operated  in  this  city,  and  recently  in- 
spected by  your  honorable  body. 

For  a contract  for  one  year  $ 102.00  per  lamp. 

For  a contract  for  two  “ 99.00  “ “ 

For  a contract  for  three  “ • 96.00  “ “ 

For  a contract  for  four  “ 93.00  44  “ 

For  a contract  for  five  “ 90.00  “ “ 


Special  Ordinances. 


814 

It  is  understood  that  should  ]we  be  favored  with  the  con- 
tract, an  ordinance  granting  us  permission  for  right  of  way  to 
erect  poles  and  wire  for  private  and  commercial  lighting,  shall 
be  passed. 

Inclosed  find  certified  check  for  $10,000,  made  payable  to 
the  order  of  C.  C.  Clarke,  mayor.. 

Respectfully  Yours, 

The  Jenney  Electric  Light  and  Power  Co. 

By  Leslie  Robison,  Pres.” 

And,  Whereas,  on  the  21th  day  of  April,  1891,  the  coun- 
cil committee  on  gas  lights  and  lamps  of  said  city  reported  to 
said  city  council  in  favor  of  awarding  the  contract  for  the 
lighting  of  the  city  of  Peoria  to  the  said  Jenney  Electric  Light 
and  Power  Company  of  Peoria,  Illinois,  for  a period  of  five 
years  from  the  1st  day  of  November,  1891,  in  accordance 
with  the  proposal  of  said  company  as  above  set  forth;  and  the 
said  city  on  to-wit:  The  21st  day  of  April,  1891,  did  adopt 
the  report  of  said  committee  and  award  the  said  company  the 
contract  for  the  lighting  of  the  city  of  Peoria  in  the  manner  as 
in  said  proposal  of  said  Jenney  Electric  Light  and  Power 
Companv  contained;  therefore, 

2089.  Acceptance  of  Proposal  — Conditions.]  Beit 
ordained  by  the  city  council  of  the  city  of  Peoria : § 1.  That 

the  said  city  of  Peoria  accepts  the  proposal  of  the  said  Jenney 
Electric  Light  and  Power  Company  for  the  lighting  of  said 
city  in  the  manner  as  contained  in  the  proposal  of  said  com- 
pany, as  set  forth  in  the  above  and  foregoing  preamble  of  this 
contract-ordinance,  and  that  subject  to  the  provisions  of  this 
ordinance,  and  the  requirements  of  the  general  ordinances  of 
the  city  of  Peoria,  the  Jenney  Electric  Light  and  Power  Com- 
pany is  hereby  authorized  and  empowered  to  erect  and  main- 
tain the  necessary  poles  or  other  supports  along  the  streets, 
avenues  and  alleys  of  said  city  and  place  wires  thereon,  as 
herein  designated,  and  use  the  same  for  transmitting  currents 


Electric  Light  Company. 


815 


of  electricity  for  the  lighting  of  said  city  and  for  private  and 
commercial  lighting  for  a period  of  five  (5)  years  from  the 
first  day  of  November,  A.  D.  1891.  The  said  city  reserves 
the  right  to  require  said  company  to  change  at  its  own  ex- 
pense the  location  of  the  poles,  lights  and  wires  of  said  com- 
pany in  any  of  the  streets,  avenues  or  alleys  of  said  city: 
Provided , however , that  said  company  shall  not  be  required  to 
change  the  location  of  more  than  eight  lights  in  any  one  year 
during  the  term  of  this  contract. 

In  no  case  shall  the  wires  of  said  company  be  placed  within 
six  (6)  feet  of  the  wires  of  said  city,  nor  on  the  same  side  of 
any  street,  avenue  or  alley  parallel  with  the  city’s  wires;  and 
wherever  said  company’s  wires  cross  the  wires  of  said  city, 
said  company  shall  at  its  own  expense,  if  necessary,  raise  or 
lower  the  wires  of  said  city,  under  the  direction  of  said  city. 

Said  company  shall  not  be  permitted  to  erect  poles  or  sup- 
ports or  to  string  wires  on  any  of  the  alleys  running  through 
blocks  twelve  (12^,  thirteen  (13),  fourteen  (14),  fifteen  (15), 
twenty-one  (21),  twenty-four  (24)  and  thirty-one  (31)  in  the 
original  town,  now  city  of  Peoria.  The  wires  of  said  com- 
pany shall  be  well  insulated  when  first  put  up,  and  be  kept  in- 
sulated continually  thereafter.  If  at  any  time  Said  company 
shall  fail  to  get  the  contract  for  the  public  lighting  of  said  city, 
then  and  in  that  case  said  company  at  its  own  expense  shall 
remove  the  poles  and  wires  from  the  streets,  avenues  and 
alleys  of  said  city. 

The  poles  or  supports  shall  be  placed  under  the  direction  of 
said  city  so  as  to  enable  said  company  to  most  effectually 
furnish  light  to  the  city  and  citizens  of  Peoria,  and,  if  by  the 
fault  of  said  company,  any  damage  should  result  to  the  city  or 
any  person  from  said  supports  or  wires  or  from  any  current 
of  electricity  thereon,  the  company  and  not  the  city  shall  be 
liable  therefor,  and  the  said  company  shall  hold  the  said  city 
harmless  from  all  such  damages. 


8i6 


Special  Ordinances 


2090.  Public  Lighting.]  § 2.  This  grant,  and  the  said 
proposal  of  said  company,  is  accepted  upon  the  express  con- 
dition that  said  Jenney  Electric  Light  and  Power  Company 
shall  supply  the  necessary  machinery  and  power  and  furnish 
and  maintain  for  the  public  lighting  of  the  city  of  Peoria  from 
three  (300)  hundred  to  four  (400)  hundred  double  arc  elec- 
tric lamps,  each  lamp  to  be  of  the  standard  two  thousand 
(2,000)  candle  power  as  designated  in  said  proposal,  and  to 
be  kept  and  operated  all  night  and  every  night,  for  a period 
of  five  (5)  years  from  the  first  day  of  November,  A.  D.  1891, 
except  when  it  is  moonlight. 

2091.  Consideration  for  City  Lighting.]  § 3.  The  city 
of  Peoria  shall  pay  said  company  ninety  ($90)  per  year  for 
each  and  every  light  so  maintained,  payable  monthly  for  the 
previous  month’s  light,  at  the  rate  of  seven  dollars  and  fifty 
cents  ($7.50)  for  each  light  for  said  period  of  five  years  and 
no  longer;  and  in  case  said  company  shall  suffer  or  permit 
any  light  or  lights  to  go  or  be  out,  and  remain  out,  one  and 
one-half  (i}4)  hour,  when  the  same  should  be  lighted  under 
the  terms  imposed  by  this  ordinance,  the  company  shall  for- 
feit the  pay  for  such  light  or  lights  so  out  the  sum  of  twenty  - 
five  (25)  cents.  The  said  city  shall  keep  a record  showing 
the  location  of  all  lights  out,  subject  at  all  times  to  the  inspec- 
tion of  the  officers  of  said  company,  its  agent  or  employes. 

In  case  said  company  shall  fail  to  keep  the  lights  continu- 
ally up  to  the  standard  as  in  said  proposal  contained,  unavoid- 
able accidents  excepted,  the  city  council  may  cancel  this 
contract. 

Passed  in  council  this  4th  day  of  August,  A.  D.  1891. 

CHARLES  C.  CLARKE,  Mayor. 

M.  R.  FAY,  City  Clerk. 


Peoria  Rapid  Transit  Company. 


817 


5.  PEORIA  RAPID  TRANSIT  COMPANY. 


Section. 

2092.  Grant  of  Right— Streets. 

2093.  Motive  Power. 

2094.  Poles— Right  to  Erect. 

2095.  Wires — How  Suspended— Poles— How 

Set. 

2096.  Removing  or  Breaking  Wires— Pen- 

alty. 

2097.  Terms  of  Grant — Give  Bond— Condi- 

tion— To  Construct  Culverts — When 
— Change  of  Grade — Tracks  to  Con- 
form—Paving  Right  of  Way  — 
When  — How  — Failure  to  Repair 
Pavement— Forfeiture  — Culverts— 
Rails  Used— How  Laid. 

2098.  Removing  Snow — How. 

2099.  Side  Tracks— How  Laid. 

2100.  Rights  Reserved  as  to  Public  im- 

provements. 

2101.  Right  to  Grant  Use  of  Tracks— Com- 

pensation. 

2102.  Rail  Used— Guage  of  Track. 

2103.  Vehicles— Right  to  Use  Tracks  — In- 

jury to,  etc.— Penalty. 


Section. 

2104.  Cars. 

2105.  Running  Time  of  Cars. 

2106.  Cars— Numbered,  etc. 

2107.  Conductor  on  Cars. 

2108.  Damaged  Cars — Not  to  be  Used. 

2109.  Rate  of  Fare— Tickets. 

2110.  Cars— How  Stopped. 

2111.  RighPof  Way  Sprinkled— When. 

2112.  Franchise  Not  Assignable —Except, 

etc. 

2113.  Right  of  City  After  Nineteen  Years. 

2114.  Condemnation  Suits. 

2115.  Crossing  Other  Tracks  — Who  to 

Maintain  Crossing. 

2116.  Injuries  Resulting  from  Exercise  of 

Right. 

2117.  Construction  of  Ordinance — Accept- 

ance. 

2118.  Limitation  of  Grant— Duties  of  Com- 

panies on. 


AN  ORDINANCE  granting  to  the  Peoria  Rapid  Transit  Com- 
pany THE  RIGHT  TO  CONSTRUCT  AND  OPERATE  AN  ELECTRIC 
STREET  RAILWAY  OVER  CERTAIN  STREETS  AND  AVENUES  IN  THE 

city  of  Peoria. 

Be  it  Ordained  by  the  city  council  of  the  city  of  Peoria: 

2092.  Grant  of  Right— Streets.]  § 1.  Subject  to  the 
provisions  and  regulations  hereinafter  made,  and  to  the  re- 
quirements of  the  general  ordinances  of  said  city,  there  is 
granted  to  the  Peoria  Rapid  Transit  Company  the  right  and 
authority  to  construct  and  operate  a street  railway,  with  the 
necessary  side-tracks,  turn-outs  and  switches,  in,  on  and  along 
the  surface  of  the  several  streets  and  avenues  in  said  city,  viz: 

Commencing  at  the  center  of  Main  street  near  its  intersec- 
tion with  Monroe  street  a double  track  shall  be  built  and 
operated  along  said  Monroe  street  to  the  intersection  of  Mon- 
roe and  Fulton  streets;  thence  a single  track  along  Fulton 
street  to  Sixth  street;  thence  a single  track  along  Sixth  street 
to  Shipman  street;  thence  a single  track  along  Shipman  street 
53 


8i8 


Special  Ordinances. 


from  Sixth  street  to  near  the  center  of  Fifth  street;  thence  a 
double  track  from  near  the  center  of  Fifth  street  along  Ship- 
man  street  to  Third  street;  thence  a double  track  along  Third 
street  from  Shipman  street  to  Saratoga  street;  thence  a 
double  track  along  Saratoga  street  to  First  street;  thence  a 
single  track  along  First  street  from  Saratoga  street  to  Sand 
street.  Also  commencing  at  the  proper  places  at  the  inter- 
section of  Fifth  and  Shipman  streets,  to  connect  with  the 
tracks  above  mentioned,  a single  track  shall  be  built  and  oper- 
ated along  Fifth  street  to  Franklin  street;  thence  a single 
track  along  Franklin  street  to  Monroe  street;  thence  a sin- 
gle track  along  Monroe  street  to  join  with  said  double  track 
at  Fulton  street.  Permission  is  also  granted  to  said  com- 
pany to  operate  its  ears  on  the  right  of  way  of  the  Cen- 
tral Railway  Company  on  Main  street  from  Monroe  street 
to  Adams  street  upon  complying  with  the  requirements  and 
conditions  of  the  ordinance  granting  a franchise  to  the  said 
Central  Railway  Company. 

2093-  Motive  Power.]  § 2.  Said  company  shall  oper- 
ate said  railway  and  propel  its  cars  by  electric  motive  power 
and  not  otherwise,  except  that  in  case  of  accident  to  ma- 
chinery making  it  necessary,  said  cars  may  be  propelled  by 
animal  power  for  a period  not  exceeding  thirty  days  for  any 
one  accident:  -provided , that  said  company  may  use  animal 
power  to  propel  its  cars  during  the  construction  of  the  ap- 
pliances for  operating  its  road  with  electricity,  subject  to  the 
limits  in  this  ordinance  fixed  for  the  completion  of  said  con- 
struction of  said  electric  appliances. 

2094.  Poles — Right  to  Erect.]  § 3.  To  enable  said 
company  to  operate  said  railway  by  electricity,  it  is  hereby 
authorized  to  erect  suitable  poles  or  supports  along  each  side 
of  the  streets  and  avenues  herein  named  from  the  generator 
or  power  station,  or  stations,  or  car  houses,  provided  said  gen- 
erator, or  station,  or  stations,  or  car  houses  are  located  along 
the  right  of  way  of  said  railway  company  herein  granted,  to 


Peoria  Rapid  Transit  Company.  819 

and  along  the  lines  of  said  railway,  and  to  connect  the  poles 
or  supports  by  such  wires  as  may  be  necessary  for  the  trans- 
mission of  power  and  the  successful  operation  of  said  railway- 
and  in  case  said  company  shall  obtain  its  electric  power  from 
the  Central  Railway  Company,  said  Peoria  Rapid  Transit 
Company  is  authorized  to  erect  and  maintain  the  necessary 
poles  and  to  string  thereon  the  necessary  wires  to  connect 
with  the  wires  of  said  Central  Railway  Company,  at  the  in- 
tersection of  Main  and  Monroe  streets,  and  also  to  erect  poles 
and  string  thereon  an  insulated  wire  along  Shipman  street 
from  Third  street  to  Hurlburt  street  to  be  used  in  feeding  its 
said  wires  from  those  of  the  Central  Railway  Company. 

2095.  Wires  How  Suspended — Poles  How  Set.J  § 4. 

The  current  wires  shall  be  suspended  not  less  than  eighteen 
and  one-half  feet  above  the  rails  and  the  said  poles  or  sup- 
ports of  said  wires  shall  be  placed  on  an  average  of  not  less 
than  one  hundred  and  fifteen  feet  apart  and  to  be  set  as  nearly 
opposite  the  lot  line  as  possible  except  at  the  intersection  of 
streets  and  avenues  where  the  said  distance  will  place  the 
poles  or  supports  in  the  intersection  of  streets  or  avenues. 
Said  poles  or  supports  shall  be  kept  at  all  times  neatly  painted 
black  or  brown  color  for  a distance  of  eight  feet  from  the 
ground,  and  the  remaining  portion  thereof  shall  be  painted 
white.  Said  poles  shall  be  located  under  the  direction  of  the 
city  council  through  its  street  committee  and  electrician.  None 
of  said  poles  or  supports  shall  be  placed  nearer  than  fifteen 
(15)  feet  distance  from  all  police  and  fire  alarm  telegraph  poles 
or  any  other  poles  to  which  said  police  or  fire  alarm  wire 
may  be  attached.  Said  current  wires  shall  be  attached  to 
galvanized  span  wires,  gauge  not  less  than  No.  6,  “ Brown 
& Sharp.”  The  span  wires  shall  be  attached  to  the  poles  by 
eye  bolts;  the  said  span  wires  shall  be  well  insulated  from  said 
eye  bolts.  Where  there  is  a double  track  there  shall  be  one 
guard  wire  over  and  along  each  current  wire  for  its  entire 
length,  and  where  there  is  a single  track  there  shall  be  one 


820 


Special  Ordinances. 


guard  wire  over  and  along  the  current  wire  for  its  entire 
length;  all  guard  wires  and  their  supports  shall  be  galvanized, 
gauge  not  less  than  No.  8 “ Brown  & Sharp ;”  said  guard 
wires  shall  at  all  times  be  kept  three  feet  or  more  above  said 
current  wires.  The  current  span  wires  shall  at  all  times  be 
kept  clear  of  the  span  guard  wires.  When,  in  the  judgment 
of  the  city  electrician  and  the  city  council,  it  becomes  neces- 
sary to  elevate  or  move  any  of  the  city’s  wires  and  poles  on 
any  of  the  streets  or  avenues  on  the  right  of  way  herein 
granted,  or  to  move  any  of  the  city’s  wires  or  poles  to  some 
other  street  or  avenue  than  along  the  right  of  way  hereby 
granted,  all  the  expense  connected  with  such  elevation  or  re- 
moval shall  be  at  once  paid  to  the  city  of  Peoria  by  said  com- 
pany upon  demand  being  made  therefor.  Whenever  it  be- 
comes necessary  to  cross  the  current  wires  of  any  other  street 
railway  now  operated  in  said  city,  said  Peoria  Rapid  Transit 
Company  shall  place  its  current  wires  over  the  current  wires 
of  said  other  street  railway  and  use  the  most  approved  appli- 
ances for  making  such  crossings;  and  when  said  Peoria  Rapid 
Transit  Company’s  wires  cause  any  damage  by  coming  in 
contact  with  the  wires  of  any  other  street  railway  now  oper- 
ated in  said  city,  said  damage  shall  be  paid  by  the  said  Peoria 
Rapid  Transit  Company. 

The  decision  of  the  city  electrician  in  the  construction  of 
this  section  shall  be  final  so  far  as  the  same  relates  to  the 
wires  herein  named,  subject,  however,  to  an  appeal  to  the 
city  council  by  the  party  aggrieved  stating  particularly  the 
grounds  of  appeal. 

2096.  Removing  or  Breaking  Wires — Penalty.]  § 5. 

Anv  person,  other  than  the  city  electrician  and  employes  of 
the  city,  who  shall  wilfully  remove  or  break  any  of  the  wires 
used  by  said  railway  company  in  the  operation  of  its  railway, 
or  any  guard  wire,  shall  be  fined  in  any  sum  not  to  exceed  one 
hundred  eollars  ($100)  for  each  wire,  or  part  of  wire  re- 
moved or  broken. 


. Peoria  Rapid  Transit  Company. 


821 


2097.  Terms  and  Conditions  on  Which  Franchise 
Granted.]  § 6.  The  foregoing  rights  and  privileges  are 
granted  upon  the  following  named  conditions,  viz: 

Clause  First.  Within  thirty  days  after  the  passage  of  this 
ordinance  said  Peoria  Rapid  Transit  Company  shall  cause  to 
be  deposited  with  the  city  clerk  of  said  city  the  bond  of  said 
company  to  the  city  of  Peoria,  legally  executed,  with  securi- 
ties thereon  to  be  approved  by  the  city  council,  in  the  sum  of 
fifteen  thousand  dollars  ($15,000),  and  conditioned  that  said 
company  will  strictly  comply  with  the  conditions  hereinafter 
in  this  section  of  this  ordinance  imposed,  making  a compli- 
ance with  this  section  of  this  ordinance  the  condition  of  said 
bond;  and  said  bond  shall  provide  the  payment  of  the  full  pen- 
alty thereof  into  the  city  treasury  of  said  city  as  liquidated 
damages,  in  case  any  of  the  conditions  of  said  bond,  or  of  this 
ordinance,  shall  be  broken  by  said  company.  Said  bond  shall 
be  further  conditioned  for  the  performance  by  the  Peoria 
Rapid  Transit  Company  of  the  conditions  imposed  upon  it  by 
this  ordinance  which  are  required  to  be  performed  by  said 
company  wiihin  four  years  from  the  date  of  the  passage  of 
this  ordinance;  and,  if  said  company  shall  perform  the  con- 
ditions and  requirements  of  this  ordinance,  then  said  bond  to 
be  null  and  void,  otherwise  the  full  penalty  of  the  said  bond 
to  be  collected  and  turned  into  the  city  treasury  as  liquidated 
damages  paid  by  said  company  for  its  failure  to  comply  with 
the  terms  hereof;  and  the  rights  and  privileges  conferred  by 
this  ordinance  shall  be  forfeited  to  the  city  wholly  and  in  every 
part  if  the  said  company  shall  not  have  its  said  railway  in  opera- 
tion in  the  manner  herein  provided  on  all  of  the  streets  and 
avenues  where  the  right  of  way  is  hereby  granted  to  it  by  this 
ordinance  within  one  year  from  the  date  of  the  passage  of  this 
ordinance:  Provided,  however , that  if  said  railway  company 
shall  be  enjoined,  restrained  or  prevented  by  any  legal  pro- 
ceeding from  prosecuting  the  construction  of  any  part  of  its 
road,  the  time  during  which  any  injunction,  prevention,  or  re- 


822 


Special  Ordinances. 


straining  order  is  enforced  shall  be  added  to  the  time  within 
which  said  company  is  to  construct  the  line  of  railway  pro- 
vided for  in  this  ordinance. 

Company  to  Construct  Culverts — When.J  Clause  Second . 
Said  company  shall,  under  the  direction  of  the  city  council 
through  its  committee  on  streets,  alleys  and  bridges  and  the 
engineer,  construct  culverts  across  the  full  width  of  the  streets 
and  avenues  wherever  made  necessary  in  the  judgement  of 
the  city  engineer  or  city  council,  by  reason  of  the  granting  of 
this  franchise;  and  in  constructing  its  tracks  said  company 
shall  not  disturb,  move  or  displace  any  of  the  street  crossings 
or  gutters  existing  at  the  time  unless  the  same  is  permitted  by 
the  city  council,  and  in  case  of  the  displacement  or  removal  of 
any  of  said  crossings  or  gutters  by  said  company,  it  shall  im- 
mediately after  the  construction  of  its  tracks  at  said  crossing, 
restore  said  crossings  culverts  and  gutters,  and  shall  there- 
after during  the  continuance  of  its  rights  under  this  ordinance, 
maintain  and  keep  in  good  repair  all  of  said  street  and  avenue 
crossings  and  culverts  the  entire  width  of  the  right  of  way  of 
said  company. 

Change  of  Grade — Tracks  to  Conform.]  Clause  Third. 
If  at  any  time  the  city  council  shall  establish  a grade  on  any 
street  or  avenue  used  or  occupied  by  the  track  or  tracks  of 
said  company,  or  should  change  the  grade  already  established, 
the  said  railway  company  shall  raise  or  lower  its  tracks  to 
conform  to  said  grade  when  notified  so  to  do  by  city  council 
or  city  engineer,  at  the  said  Peoria  Rapid  Transit  Company’s 
own  cost  and  expense. 

Paving  Right  of  Way — How — When.]  Clause  Fourth 
The  said  railway  company  shall  pave  its  right  of  way  the  full 
width  of  fourteen  feet  where  double  tracks  are  laid,  and  the 
full  width  of  seven  feet  where  single  track  is  laid;  the  pave- 
ment to  be  laid  on  said  right  of  way  by  said  company  on  the 
outside  of  the  outside  rails  of  said  tracks  at  the  same  time  the 


Peoria  Rapid  Transit  Company.  823 

abutting  streets  are  paved.  Said  company  shall  pave  its  right 
of  way  on  Fifth  and  Sixth  streets,  except  as  herein  provided, 
with  Ottawa  brick  or  other  brick  equally  as  good,  within  one 
year  from  the  date  of  the  passage  of  this  ordinance.  On  all 
other  streets  and  avenues  said  company’s  right  of  way  thereon, 
within  two  years  from  the  passage  of  this  ordinance,  shall  be 
paved  as  herein  provided,  with  brick  or  cobblestone  in  such  a 
manner  as  the  city  council  shall  order.  On  all  streets  and 
avenues  over  which  said  right  of  way  is  hereby  granted  that 
are  paved  with  brick,  where  it  is  necessary  to  displace  said 
pavement,  the  said  company  shall  pay  into  the  city  treasury 
the  cost  of  such  pavement  for  the  width  of  the  right  of  way  of 
said  company  taken  on  said  streets  or  avenues;  provided,  how- 
ever, that  where  said  company  has  paved  its  right  of  way  with 
cobblestone  and  the  streets  or  avenues  abutting  upon  such 
pavement  are  hereafter  paved  with  brick  or  other  material, 
said  company  is  required  to  take  up  said  cobblestone  pavement 
and  repave  said  right  of  way  at  the  same  time  and  with  the 
same  material  with  which  said  abutting  streets  or  avenues  are 
paved.  All  paving  required  to  be  laid  by  said  company  shall 
be  laid  and  kept  in  repair  with  the  same  material  used  in  said 
pavement,  subject  to  the  requirements  herein  contained,  and 
at  the  expense  of  said  company. 

Failure  to  Repair  Pavement  After  Notice — Forfeiture.] 

Clause  Fifth.  If  said  company  shall  fail  to  comply  with  the 
provisions  of  this  section  requiring  it  to  repair  a pavement  on 
its  right  of  way  on  any  street  or  avenue,  after  notice  to  do  so 
by  the  city  council  or  city  engineer  by  service  thereof  upon 
any  officer  of  said  company,  for  ten  days  after  receiving  said 
notice,  said  company  shall  forfeit  and  pay  into  the  city  treas- 
ury the  sum  of  twenty-five  dollars  ($25)  per  day  for  the  time 
said  company  shall  fail  to  put  down  or  repair  said  pavement, 
as  liquidated  damages,  the  same  to  be  recoverable  of  and 
from  said  company  by  the  city  of  Peoria  in  an  action  of  debt; 


824 


Special  Ordinances. 


and  the  said  paving  may  be  repaired  by  the  city  of  Peoria  at 
the  expense  of  said  company,  and  said  company  shall  repay 
the  cost  thereof  to  the  city  upon  demand. 

Culverts — Company  to  Construct  and  Maintain.] 

Clause  Sixth.  Said  railway  company  shall  construct  at  all 
places  on  streets  and  avenues  where  made  necessary,  in  the 
judgment  of  the  city  council,  by  reason  of  the  location  and 
building  of  said  railway  thereon,  across  the  entire  width  of 
said  streets  and  avenues,  proper  and  sufficient  culverts,  of  such 
material  as  may  be  designated  by  the  city  council,  to  carry  off 
all  surface  water  collecting  upon  said  streets  and  avenues  upon 
or  over  which  the  right  of  way  of  said  company  is  hereby 
granted,  and  shall  at  its  own  expense  keep  and  maintain  the 
same  in  good  condition  and  repair  continually  under  its  right 
of  way  during  the  occupancy  of  said  streets  and  avenues. 

Rails  Used — How  to  be  Laid.]  Clause  Seventh.  The 
rails  to  be  laid  and  used  in  the  construction  of  said  railway  are 
not  to  be  elevated  above  the  surface  of  the  street,  but  shall  be 
laid  and  used  so  that  their  upper  surface  shall  be  flush  with 
the  pavement,  and  so  that  carriages  and  vehicles  can  safely 
cross  said  tracks  at  any  and  all  points  thereof;  and  in  turning 
a corner  of  any  street,  the  rails  shall  swing  to  the  inside  so  as 
to  leave  both  streets  as  clear  as  possible;  but  the  city  council 
shall  at  all  times,  through  its  committee  on  streets,  alleys  and 
bridges,  and  the  city  engineer,  control  the  manner  of  laying 
said  tracks,  and  may  cause  the  same  to  be  taken  up  and 
changed  and  relaid  if  their  directions  are  not  followed,  and  to 
give  such  directions  as  will  be  for  the  best  interests  of  the 
public,  which  directions  shall  be,  by  the  company,  followed 
and  obeyed. 

2098.  Removal  of  Snow — How.]  § 6.  When  said 
company  shall  remove  snow  from  its  tracks  in  the  streets  of 
the  city  by  means  of  snow  plows,  or  otherwise,  it  shall  cause 
such  snow  to  be  leveled  off  in  such  a way  as  to  make  such 


Peoria  Rapid  Transit  Company.  825 

streets  safe  a.id  convenient  for  public  travel,  and  shall  keep  all 
crossings  across  its  right  of  way  clear  of  snow  and  debris  at  all 
times.  Said  company  shall  be  required  to  clean  its  right  of 
way  upon  any  street  or  avenue  upon  notice  from  the  super- 
intendent of  said  city,  at  the  same  time  and  places  and  for  the 
same  distance  said  streets  and  avenues  are  cleaned  by  said 
city. 

2099-  Side  Tracks — How  Laid.]  §7.  In  all  streets  or 
avenues  where  two  tracks  are  laid,  all  the  side  tracks,  turn- 
outs and  switches  permitted  by  this  ordinance  shall  run  from 
one  track  to  the  other,  and  shall  in  no  case  be  laid  outside  of 
the  main  or  double  tracks,  but  spur  tracks  may  be  laid  from 
the  main  track  to  the  company’s  car-houses  and  power  sta- 
tions provided  the  same  are  located  along  the  right  of  way  of 
said  company;  in  no  case  where  single  tracks  are  laid  shall 
switches  or  turn-outs  be  constructed  except  to  the  car-houses 
or  power  stations  along  said  right  of  way. 

2100.  Rights  Reserved  as  to  Public  Improvements.] 

§ 8.  The  city  of  Peoria  reserves  the  right  to  disturbe  the 
track  or  tracks  of  said  railway  company  when  it  shall  become 
necessary  for  building  or  replacing  sewers,  laying  water  pipes, 
dr  for  improving  the  streets,  or  performing  any  of  the  city’s 
improvement,  the  same  to  be  done  so  as  to  cause  the  least  de- 
lay in  running  the  cars  upon  said  tracks,  and  the  tracks  to  be 
replaced  and  protected  by  said  company  at  its  own  expense 
when  removed  or  disturbed  by  the  city  for  such  purposes,  but 
the  city  to  replace  paving  where  said  right  of  way  is  paved. 
Said  city  also  reserves  the  right  to  permit  the  company’s  wires 
to  be  disturbed  at  any  time  and  all  times  when  necessary  to 
enable  said  streets  to  be  used  for  the  purpose  of  moving 
houses,  and  for  any  other  proper  use  of  said  streets  by  the 
public;  the  same  to  be  done  so  as  to  cause  the  least  delay  possi- 
ble to  the  business  of  said  company;  provided,  however,  that 


826 


Special  Ordinances. 


when  said  wire  or  wires  are  disturbed,  it  shall  be  done  under 
the  supervision  of  said  company,  after  first  giving  twenty-four 
hours’  notice  to  said  company. 

2101-  Right  Reserved  to  Grant  Use  of  Tracks-  Com- 
pensation.] § 9.  The  right  to  grant  the  privilege  of  the 
use  of  the  tracks  of  said  company  to  any  other  street 
railway  company  is  hereby  expressly  reserved  to  the 
city  council;  Provided , that  the  applicant  for  such  priv- 
ilege shall  not  be  a direct  competitor  for  any  considerable  dis- 
tance with  said  Peoria  Rapid  Transit  Company’s  lines;  and 
the  entire  distance  traversed  by  any  one  company  on  said 
Peoria  Rapid  Transit  Company’s  tracks  shall  not  exceed  two 
blocks,  and  no  one  company  shall  be  allowed  the  use  of  said 
tracks  at  more  than  one  place;  provided,  further,  that  said 
privilege  shall  not  be  granted  to  any  other  company  that  is 
not  expressly  required  by  its  ordinance  to  concede,  or  that  will 
not  concede,  a like  privilege  to  said  Peoria  Rapid  Transit 
Company;  and,  -provided,  further,  that  the  said  privilege  shall 
not  be  used  and  granted  so  as  to  interfere  materially  with  the 
traffic  and  business  of  the  said  Peoria  Rapid  Transit  Company 
and  not  until  a fair  compensation  therefor  shall  be  determined 
and  paid.  In  the  event  of  the  failure  ot  said  companies  to 
agree  on  the  amount  of  such  compensation,  the  city  council  of 
Peoria  shall  be  the  judge  and  shall  fix  the  amount  of  compen- 
sation to  be  paid  by  said  other  company  to  the  Peoria  Rapid 
Transit  Company.  If  the  said  Peoria  Rapid  Transit  Com- 
pany shall  prevent  or  refuse  to  permit  the  use  ot  said  track  or 
tracks  as  aforesaid,  after  a tender  to  it  of  the  amount  so  fixed 
by  the  city  council,  by  the  party  interested,  said  company 
shall  thereby  forfeit  its  rights  on  the  streets  in  controversy 
under  this  ordinance. 

2102.  Rail  Used — Guage  of  Tracks.]  § 10.  The  rails 
used  by  said  company  shall  be  the  flat  rail  of  Johnson,  or 


Peoria  Rapid  Transit  Company.  827 

other  rails  presenting  substantially  the  same  surface,  to  be  ap- 
proved by  the  city  council.  The  guage  of  said  tracks  shall 
be  four  (4)  feet  and  eight  (8)  inches. 

2103.  Vehicles — Right  to  Use  Tracks — Injury  to  Cars 
or  Track — Penalty.]  § 11.  The  right  is  hereby  reserved 
by  the  city  council  for  carriages  and  all  vehicles  to  travel  over 
and  along  said  tracks,  but  said  carriages  or  vehicles  shall  in  no 
manner  or  way  interfere  with  the  running  of  said  cars,  nor  in 
any  way  to  work  unnecessary  injury  to  said  tracks  or  cars. 
Any  person  or  persons  who  shall  wilfully  or  unnecessarily  ob- 
struct the  passage  of  the  cars  of  said  company  along  its  tracks 
or  wilfully  or  unnecessarily  injure  said  tracks  or  cars  in  any 
manner  shall,  for  each  offense,  be  fined  in  any  sum  not  exceed- 
ing twenty-five  dollars  ($25)  nor  less  than  one  dollar  ($1). 

2104.  Cars.]  § 12.  All  the  cars  used  by  said  company 
shall  be  not  less  than  fourteen  (14)  feet  in  length,  exclusive 
of  platforms.  Said  company  shall  at  all  times  adopt  and  fit 
up  its  cars  with  all  new  improvements  invented  for  the  con- 
venience and  comfort  of  passengers;  its  cars  shall  be  of  the 
most  improved  make  at  the  time  of  their  first  use  upon  the 
road,  of  good  style,  and  shall  be  kept  at  all  times  when  in  use, 
clean  and  well  ventilated,  well  lighted,  and,  in  winter,  well 
heated. 

2105.  Cars — Running  Time  Apart.]  § 13.  Cars  shall 
be  run  every  day  over  said  entire  route  at  intervals  of  not 
more  than  ten  (10)  minutes  apart,  the  first  car  to  leave  the 
starting  point,  which  shall  be  at  the  corner  of  Sand  and  First 
streets,  each  morning  not  later  than  six  (6)  o’clock,  and  the 
last  car  to  leave  the  corner  of  Main  and  Monroe  streets,  going 
west  on  the  line,  each  night  not  earlier  than  ten  (10)  o’clock. 

2106.  Cars — How  Numbered,  Lettered  and  Lighted.] 

§ 14.  All  cars  shall  be  distinctly  numbered  both  inside  and 
outside,  and  shall  be  properly  lettered  to  indicate  the  streets 
or  routes  upon  which  the  same  run,  and  in  the  night,  shall  in 


828 


Special  Ordinances. 


all  cases  be  sufficiently  distinguished  by  the  form  or  color  of 
signal  lights,  and  shall  have  lights  on  the  sides  as  well  as  on 
the  front  and  rear,  so  as  to  prevent  the  cars  of  different  routes 
being  mistaken  for  each  other. 

2107.  Cars — Conductors  for,  Required.]  § 15.  Said 
company  shall  not  suffer  any  car  propelled  by  electricity  to 
run  over  any  of  its  line,  or  portion  or  part  thereof,  in  the  city 
at  any  time  unless  the  same  shall  be  in  charge  of  and  under 
the  control  of  some  competent  conductor,  who  shall  be  a per- 
son other  than  the  man  in  control  of  the  motive  power;  said 
conductor  shall,  at  all  times  when  on  duty,  wear  a suitable 
uniform.  The  name  of  each  street  along  the  line  of  said 
right  of  way,  as  approached  by  any  car  containing  passengers, 
shall  be  called  by  the  conductor  in  charge  of  said  car. 

2108.  Cars — Damaged — Not  to  be  Used.]  § 16.  No 

car  shall  be  used  by  said  company  upon  its  line  which  has  a 
broken  window,  door,  step,  or  insufficient  fastening  or  is  other- 
wise damaged,  longer  than  during  the  day  such  breakage,  in- 
sufficient fastening,  or  damage  may  occur. 

2109.  Rate  of  Fare — Tickets.]  § 17.  The  rate  of 
fare  for  a continuous  trip  in  one  direction  shall  not  exceed  five 
(5)  cents  for  any  one  person.  The  said  company  shall  keep 
for  sale  at  its  office  and  upon  all  cars  running  on  its  line  pas- 
senger tickets  in  bundles  of  twelve  (12)  each  which  it  shall 
sell  for  fifty  (50)  cents,  and  each  of  said  tickets  shall  be  taken 
in  payment  of  one  continuous  trip.  Every  child  of  six  (6) 
years  of  age  and  under,  accompanied  by  its  parent  or  guar- 
dian, shall  be  passed  free  of  charge. 

2110.  Cars— How  Stopped.]  § 18.  No  car  shall  be 
allowed  to  stop  upon  a cross-walk  or  in  front  of  any  intersect- 
ing street,  except  to  avoid  a collision  or  prevent  danger  to  per- 
sons or  property  on  the  street  or  avenue.  When  the  conduc- 
tor of  the  car  is  required  to  stop  at  the  intersection  of  streets 


Peoria  Rapid  Transit  Company. 


829 


cr  avenues  to  receive  or  leave  a passenger,  the  car  shall  be 
stopped  so  as  to  leave  the  rear  platform  slightly  over  the 
crossing. 

2111.  Right  of  Way  Sprinkled — When.]  § 19.  The 

said  Peoria  Rapid  Transit  Company  shall  during  the  dusty 
seasons  of  the  year  keep  its  right  of  way,  or  such  portions 
thereof  upon  the  streets  and  avenues  where  the  property  own- 
ers along  said  right  of  way  sprinkle  said  streets  and  avenues, 
well  sprinkled  in  such  a manner  that  the  dust  arising  from  the 
operation  of  its  cars  over  its  right  of  way  shall  cause  no  in- 
convenience to  the  public,  or  to  the  passengers  riding  upon 
said  cars:  Provided , that  the  said  city  of  Peoria  shall  furnish 
the  water  for  said  sprinkling  from  the  hydrants  along  the  right 
of  way  of  said  company  by  order  upon  the  Peoria  Water 
Company. 

2112-  Franchise  Not  Assignable  Except,  Etc. — How.] 

§ 20.  The  rights  and  franchises  hereby  granted  to  the  Pe- 
oria Rapid  Transit  Company  shall  not  be  transferable  or  as- 
signable by  said  company  to  any  individual  or  other  company 
except  with  the  consent  of  the  city  council. 

2113.  Right  of  City  After  Nineteen  Years.]  § 21, 

The  city  of  Peoria  hereby  reserves  the  right  to  permit  another 
railway  company  to  enter  upon  any  or  all  of  the  streets  and 
avenues  named  in  this  ordinance  in  which  the  right  of  way  is 
hereby  granted  to  said  Peoria  Rapid  Transit  Company,  at 
any  time  after  nineteen  (19)  years  from  the  date  of  the  pas- 
sage of  this  ordinance,  for  the  purpose  of  constructing  or  pre- 
paring to  construct  a new  line  of  street  railway,  the  same  to 
be  so  done  as  to  cause  the  least  obstruction  and  delay  possible 
to  the  running  of  the  cars  of  the  said  Peoria  Rapid  Transit 
Company. 

2114.  Condemnation  Suits — Who  to  Institute.]  §22. 
All  parts  of  streets  and  avenues  in  said  city  over  which  the 
right  of  way  is  hereby  granted  to  the  Peoria  Rapid  Transit 


830 


Special  Ordinances. 


Company  which  are  not  opened  and  dedicated  to  the  public, 
the  said  city  of  Peoria  shall  pass  all  necessary  ordinances  for 
the  condemning  of  said  streets  and  avenues,  or  any  part  of 
them,  as  soon  as  possible,  and  the  said  Peoria  Rapid  Transit 
Company  shall  pay  to  the  said  city  of  Peoria  all  costs  and 
damages  for  the  condemning  and  opening  of  said  streets  and 
avenues  upon  demand  being  made  upon  said  company  for  the 
same. 

2115.  Crossing  Other  Tracks  — Who  to  Maintain 
Crossing.]  § 23.  Whenever  it  becomes  necessary  on  the 
line  of  the  right  of  way  hereby  granted  to  said  Peoria  Rapid 
Transit  Company,  to  cross  the  tracks  of  any  other  street  rail- 
way company  now  operated  in  the  city  of  Peoria,  the  said 
Peoria  Rapid  Transit  Company  shall,  at  its  own  expense,  put 
down  and  maintain  all  of  said  street  railway  crossings. 

2116-  Injuries  Resulting  From  Exercise  of  Right.] 

§ 24.  Said  Peoria  Rapid  Transit  Company  shall  be  liable  for 
and  pay  to  the  persons,  companies  or  corporations  injured  all 
damages  which  may  result  from  the  passage  of  this  ordinance 
or  from  the  carelessness,  negligence  or  misconduct  of  said 
company,  or  any  agent  or  servant  of  said  company,  in  the  ope- 
ration of  said  railway  which  it  may  build,  own,  lease  or  con- 
trol; and  said  company  shall  save  and  keep  harmless  the  said 
city  of  Peoria  on  account  of  any  and  all  damages  and  costs  in 
all  causes  of  action  that  may  be  brought  by,  or  accrue  to,  any 
person  or  persons,  company  or  corporation  at  any  time  here- 
after by  reason  of  carelessness  or  negligence,  and  by  reason 
of  the  construction  and  operation  of  said  railway,  or  any  part 
of  it,  in  which  said  city  may  be  sued  separately  or  impleaded 
with  said  company  or  otherwise,  including  reasonable  attor- 
ney’s fees  for  the  city  attorney  and  for  other  counsel  employed 
by  said  city  in  or  about  said  suits,  if  any. 

2117.  Construction  of  Ordinance  — Acceptance  of.] 

§ 25.  It  is  expressly  understood  that  the  Peoria  Rapid  Transit 


Peoria  Rapid  Transit  Company.  831 

Company  consents  and  agrees  by  acceptance  of  this  ordinance 
that  in  interpreting,  construing  and  giving  effect  to  this  ordi- 
nance, each  and  every  expression  used,  if  any,  which  is  sus- 
ceptible of  more  than  one  interpretation  or  meaning,  the  inter- 
pretation and  meaning  most  favorable  and  best  protects  the 
interests  of  the  city  of  Peoria  and  the  inhabitants  thereof  shall 
be  adopted. 

2118.  Limitation  of  Grant — Duties  of  Company  on  Ex- 
piration of.]  § 26.  If  the  said  railway  company  shall  faith- 
fully comply  with  the  foregoing  requirements  of  this  ordinance, 
the  right  of  the  said  company  to  operate  said  railway  shall  ex- 
tend to  the  full  expiration  of  twenty  (20)  years  from  the  pas- 
sage of  this  ordinance,  otherwise  the  city  council  may  declare 
said  company’s  rights  forfeited  any  time,  after  thirty  (30) 
days’  notice  to  said  company  that  its  rights  shall  be  forfeited 
for  its  failure  to  comply  with  the  requirements  hereof.  Said 
notice  shall  particularly  specify  the  matters  complained  of  by 
the  city  council,  and  the  company  to  be  given  an  opportunity 
to  comply  with  said  requirements  within  thirty  days.  At  the 
expiration  of  its  rights  under  this  ordinance  said  Peoria  Rapid 
Transit  Company  shall  remove  its  rails  and  ties  and  other 
property  from  the  streets  and  avenues  occupied  by  it  within 
sixty  days,  and  shall  leave  said  streets  and  avenues  paved  and 
in  as  good  condition  as  though  the  same  had  not  been  oc- 
cupied by  it.  Said  pavement  to  be  of  the  same  character  and 
material  as  the  pavement  on  the  other  parts  of  the  streets  and 
avenues  upon  which  the  right  of  way  is  granted  to  said  com- 
pany. And  the  said  Peoria  Rapid  Transit  Company  shall, 
within  thirty  days  after  the  date  of  the  passage  of  this  ordi- 
nance, enter  into  a written  agreement  with  the  city  of  Peoria, 
to  be  duly  executed  by  its  president  and  secretary  under  the 
corporate  seal  of  said  company  and  filed  in  the  city  clerk’s 
office,  and  on  the  part  of  the  city  of  Peoria  to  be  signed  by 
the  mayor  and  countersigned  and  sealed  with  the  corporate 
seal  by  the  clerk  of  said  city  of  Peoria,  obligating  said  com- 


832  Special  Ordinances. 

pany  and  said  city  to  abide  by  and  perform  the  stipulations 
and  provisions  in  this  ordinance  contained,  which  agreement, 
when  executed,  shall  be  mutually  binding  upon  both  of  said 
parties  as  a contract. 

Passed  in  council  this  5th  day  of  April,  A.  D.,  1892. 

M.  R.  FAY,  CHARLES  C.  CLARKE, 

City  Clerk.  Mayor. 


6.  POSTAL  TELEGRAPH  AND  CABLE  COMPANY. 


Section. 

2119.  Permission  to  Erect  Poles  and  String  Wires. 


2119.  Permission  to  Postal  Telegraph  and  Cable  Com- 
pany to  Erect  Poles  and  String  Wires. 

To  the  Mayor  and  Aldermen  of  the  City  of  Peoria  in  Council 
Assembled  : 

Your  committee  on  streets,  alleys  and  bridges,  to  whom  was 
referred  the  petition  of  the  Postal  Telegraph  and  Cable  Com- 
pany, for  permission  to  erect  poles  and  string  wires  in  said  city, 
commencing  at  the  intersection  of  Harrison  and  Water  streets 
thence  along  Water  street  to  Morgan  street  and  diagonally 
across  blocks  90  and  91  to  Washington  street,  thence  along 
Washington  street  to  Caroline  street,  thence  along  the  route 
of  Rock  Island  and  Peoria  railroad  to  city  limits,  having  had 
the  same  under  consideration,  beg  leave  to  report  said  com- 
pany be  permitted  to  erect  their  poles  and  string  wires  as  des- 
ignated in  its  route  to  Caroline  street  in  said  city.  That  said 
poles  be  erected  and  wires  strung  under  the  supervision  of  the 
city  engineer,  and  the  council  committee  on  streets,  alleys  and 
bridges,  but  the  city  reserves  the  right  to  require  said  com- 
pany to  put  its  wires  under  ground,  any  time  after  five  years 
from  this  date,  and  remove  its  poles  from  said  streets;  said 
poles  to  be  not  less  than  twenty  feet  high.  Provided , that  the 


Postal  Telegraph  and  Cable  Company.  833 


city  of  Peoria  shall  have  the  right  to  use  the  poles  of  said  Pos- 
tal Telegraph  and  Cable  Company  along  the  route  herein  des- 
ignated for  the  stringing  of  the  city’s  wires. 


PHILO  B.  MILES, 
JOHN  FINLEY, 


Committee. 


Peoria,  III.,  Sept.  15,  1891. 

Adopted  by  the  city  council  Sept.  15,  1891. 

M.  R.  FAY, 

City  Clerk, 


«34 


Special  Ordinances. 


7.  WATER  WORKS. 


Section. 

2120,  Proposition  for  Sale  of  Water  Works. 
2x21.  Securities-! 

2122.  System— Completion  of. 

2123.  Streets— Use  of. 

2124.  System. 

2125.  Supply. 

2126.  Storage. 

2127.  Pumping  Station. 

2128.  Pumping  Machinery. 

2129.  Pipe  Distribution. 

2130. ''  Reservoirs. 

2131.  Responsibility  and  Care. 

2132.  Local  Labor. 

2233.  Tests  and  Acceptance. 


Section. 

2234.  Rules,  Regulations  and  Rates. 

2135.  Table  of  Water  Rates. 

2136.  Option  of  City  to  Purchase. 

2137.  Water  for  Fire  Protection— Payment 

— How  Made. 

2138.  Free  Water  for  What  Institutions  and 

Purposes. 

2139.  Distributing  Pipes  of— Reserved  to 

City. 

2140.  Ordinance— When  Binding  on  City  as 

Contract. 

2141.  Assignment  and  Incorporation. 

2142.  Execution  of  Contract. 

2143.  Ordinance— Interpretation  of. 

2144.  Ordinance— When  to  Take  Effect- 

Repeal. 


AN  ORDINANCE,  for  an  improved,  enlarged  and  extended  system  of 
Water  Works,  for  the  city  of  Peoria,  Illinois,  find  its  inhabitants, 
and  to  supply  them  with  water  for  all  public  and  private  purposes, 
and  to  sell  to  John  F.  Moffett,  Henry  C.  Hodgkins,  John  V. 
Clarke,  and  Charles  T.  Moffett,  doing  business  under  the  firm 
name  of  MOFFETT,  HODGKINS  & CLARKE,  of  Watertown, 
N.  Y.,  the  present  existing  system  of  water  works  of  the  city  of 
Peoria,  as  an  entirety,  and  granting  to  the  said  Moffett,  Hodgkins  & 
Clarke  the  franchise  and  license  to  rebuild,  enlarge  and  extend  the 
present  system  of  water  works,  and  to  construct,  maintain  and  oper- 
ate as  a whole,  the  new,  improved,  enlarged  and  extended  system  of 
water  works,  in,  near  and  for  the  said  city  of  Peoria,  and  contract- 
ing with  the  said  Moffett,  Hodgkins  & Clarke  for  water  for  fire  pro- 
tection and  other  public  uses  for  the  city  of  Peoria,  and  granting  to 
to  the  said  Moffett,  Hodgkins  & Clarke  the  right  and  license  to 
furnish,  deliver  and  sell  water  to  the  inhabitants  of  the  city  of 
Peoria,  and  reserving  to  the  said  city  of  Peoria  the  right  to  pur- 
chase the  said  water  works  system,  after  its  enlargement,  improve- 
ment and  extension,  all  as  hereinafter  provided  for.  [As  amended 
by  ordinances  passed  July  23, 1889,  and  August  5,  1890. 


2120.  Proposition  for  Sale  of  Water  Works.]  § 1. 

That  the  city  of  Peoria,  Illinois,  will,  in  case  the  conditions 
herein  specified  shall  have  been  first  fully  complied  with,  viz: 
the  development  of  the  proposed  source  of  water  supply  to 


Water  Works. 


835 


the  satisfaction  of  the  city  council,  the  procuring  a satisfactory 
title  to  the  real  estate  upon  which  the  new  reservoir,  stand 
pipes,  etc.,  are  to  be  located,  so  as  to  be  able  to  execute  satis- 
factory security  as  herein  required,  upon  or  before  the  first 
day  ©f  August,  A.  D.  1889,  sell  and  deliver  to  John  F.  Mof- 
fett, Henry  C.  Hodgkins,  John  V.  Clarke  and  Charles  T. 
Moffett,  doing  business  under  the  firm  name  of  Moffett, 
Hodgkins  & Clarke,  of  Watertown,  N.  Y.,  their  associates, 
successors,  or  assigns,  hereinafter  called  grantees,  the  present 
existing  system  of  water  works,  of  the  city  of  Peoria,  includ- 
ing thereunder,  all  of  the  real  estate  of  the  said  city  now  de- 
voted to  and  used  for  the  purpose  of  the  pumping  station, 
source  of  supply,  filter  galleries,  pumps,  wells,  inlet  pipes  and 
other  uses,  meaning  hereby  to  include  all  the  following  de- 
scribed real  estate  bordering  upon  the  Illinois  river,  beginning 
on  the  lower  side  of  the  ferry  road  790  feet  S.  530  8'  E.  from 
the  C.  R.  I.  & P.  railroad  right  of  way.  Thence  at  right 
angle  with  said  ferry  road  250  feet.  Thence  parallel  with 
said  ferry  road  to  the  Illinois  river.  Thence  meandering 
north  up  along  the  west  bank  of  said  Illinois  river  to  the 
lower  line  of  said  ferry  road.  Thence  along  the  lower  line  of 
said  ferry  road  to  the  place  of  beginning.  Also  one  other 
tract  of  land  above  and  adjoining  said  ferry  road,  beginning 
at  a point  1340  feet  S.  530  8'  E.  from  the  C.  R.  I.  & P.  rail- 
road right  of  way.  Thence  S.  69°  30'  E.  60  feet.  Thence 
N.  87°  35'  E.  to  the  Illinois  river.  Thence  along  the  Illinois 
river  to  a point  intersecting  the  upper  line  of  said  ferry  road. 
^Thence  along  the  upper  line  of  said  ferry  road  to  the  place  of 
beginning.  All  being  a part  of  section  No.  2,  in  township  8 
N.  of  range  8,  east  of  the  4th  Principal  Meridian,  together 
with  all  the  buildings  thereon,  and  the  machinery,  tools  and 
fixtures  contained  therein,  and  now  used  and  devoted  to  the 
water  works  system  of  the  city.  Also  all  and  entire  the  pipe 
distribution  system  of  the  city  leading  from  the  said  pumping 
station,  to,  into,  through,  along  and  under  the  streets,  ways, 


836 


Special  Ordinances. 


bridges  and  public  lands  of  the  city  of  Peoria,  together  with 
all  the  special  castings,  gates,  hydrants,  blow  offs,  connections, 
appurtenances  and  fixtures  in,  and  all  things  pertaining  thereto, 
which  have  been,  are  now,  or  may  be,  prior  to  the  said  first 
day  of  August,  A.  D.  1889,  employed  in,  or  used  as  a part  of, 
or  in  connection  with  the  present  pipe  distribution  system  of 
the  said  water  works,  also  the  pipes,  special  castings,  gates, 
hydrants,  and  any  and  all  other  stock,  material  and  tools  of 
whatsoever  nature,  purchased  for,  and  intended  to  be  used  for, 
or  in  connection  with,  or  as  a part  of,  or  in  the  maintenance  of 
the  said  system  of  water  works,  whether  in  connection  with 
its  supply,  pumping  system,  distribution,  maintenance,  or  gen- 
eral business  of  operating  said  system  of  water  works  except- 
ing one  horse  and  wagon  and  all  fixtures  and  appurtenances 
belonging  to  the  office  of  the  collector  of  water  rates;  giving 
to  the  said  grantees  the  right  to  enter  upon  the  workhouse 
enclosure  and  grounds  and  to  remove  the  pipes  therein  laid, 
where  the  same  can  be  done  without  injury  to  the  workhouse 
buildings. 

And  from  and  after  the  sale  and  delivery  of  the  present 
water  works  system  to  the  said  grantees,  the  said  city  of  Peoria 
shall  be  relieved  from  any  and  all  expense,  of  whatsoever 
name  or  nature,  in  connection  with  the  maintenance  and  oper- 
ation of  said  system  | of  water  works,  but  the  city  of  Peoria 
shall  not  be  relieved  from  the  payment  or  settlement  of  all  out- 
standing bills  or  claims,  of  whatsoever  name  or  nature,  that 
were  incurred  by  the  city  of  Peoria  in  connection  with  the 
maintenance  and  operation  of  the  said  system  of  water  works, 
at  any  time  prior  to  the  sale  and  delivery. 

And  the  said  city  of  Peoria  shall  have  the  right  to  collect 
and  retain  any  and  all  rates  for  water  or  service  supplied  by 
the  said  system  of  water  works,  prior  to  the  said  sale  and  de- 
livery, whether  the  same  shall  have  been  paid  or  not.  And 
the  grantees  shall  have  the  right  to  charge  and  collect  all 


Water  Works. 


837 


water  rates  which  may  be  due  and  payable  for  water  and  ser- 
vice furnished  or  delivered  from  and  after  said  sale  and  de- 
livery. 

2121.  Securities.]  § 2.  At  the  .time  of  the  conveyance 
and  delivery  by  the  city  of  Peoria  to  grantees  of  the  present 
water  works  system  as  herein  described,  and  as  the  consider- 
ation therefor,  the  grantees  shall  assume  the  payment  and  sat- 
isfaction, according  to  their  terms,  the  principal  of  the  water 
bonds  of  the  city  of  Peoria,  now  outstanding,  to  the  amount  of 
four  hundred  and  fifty  thousand  dollars  ($450,000),  which 
bonds  are  as  follows,  that  is  to  say:  Thirty-three  (33)  one 
thousand  dollar  ($1,000.00)  bonds  bearing  six  per  cent,  inter- 
est, due  August  first,  A.  D.  1889;  one  hundred  and  eight 
(108)  one  thousand  dollar  ($1,000.00)  bonds,  bearing  seven 
per  cent,  interest,  due  April  first,  A.  D.  1890;  twelve  (12)  one 
thousand  dollar  ($1,000.00)  bonds,  bearing  seven  per  cent, 
interest,  due  August  first,  A.  D.  1890;  two  (2)  one  thousand 
dollar  ($1,000.00)  bonds,  bearing  seven  per  cent,  interest,  due 
April  first,  A.  D.  1891;  fifty  (50)  one.  thousand  dollar 
($1,000.00)  bonds,  bearing  seven  per  cent,  interest,  due  May  fif- 
teenth, A.  D.  1899;  fifty  (5°)  one  thousand  dollar  ($e,ooo.oo) 
bonds,  bearing  five  per  cent,  interest,  due  May  fifteenth,  A. 
D.  1901;  one  hundred  and  ninety-five  (195)  one  thousand 
dollar  ($1,000.00)  bonds,  bearing  four  and  one-half  (4^)  per 
cent,  interest,  due  June  first,  A.  D.  1908;  said  bonds  to  be 
paid,  taken  up  and  canceled  by  grantees  and  surrendered  to 
the  clerk  of  the  city  of  Peoria  so^  canceled  within  thirty  (30) 
days  after  the  same  mature  and  are  presented  for  payment  ac- 
cording to  their  terms.  And  the  undertaking  by  said  grantees 
to  pay  said  city’s  water  bonds  and  to  perform  the  other  con- 
ditions in  this  section  imposed  upon  and  assumed  by  grantees 
shall  be  secured  by  them  or  by  their  heirs,  associates,  succes- 
sors or  assigns,  as  the  case  may  be,  at  the  time  of  making  of 
said  conveyance  and  agreement  in  the  following  manner,  viz: 

They  shall  give,  or  cause  to  be  given,  two  two  hundred  and 


838 


Special  Ordinances. 


twenty-five  thousand  dollars  ($225,000.00)  non-negotiable 
money  bonds  of  even  date  with  the  deed  of  transfer  hereunder, 
to  the  city  of  Peoria,  the  first  bond  maturing  nineteen  (19)  years 
after  the  date  of  the  deed  of  transfer  hereunder,  the  other  bond 
maturing  thirty  years  after  the  date  of  said  deed,  neither  of  said 
bonds  to  bear  interest;  these  bonds  shall  be  delivered  by 
grantees  to  the  city  of  Peoria  and  the  same  shall  be  copied 
into  the  city  records  of  said  city  by  the  clerk  of  said  city,  and 
in  case  of  the  loss  of  the  original  a duly  certified  copy  made 
and  certified  to  by  said  clerk,  or  any  clerk  succeeding  him  in 
his  office,  shall  be  accepted  and  used  as  evidence  in  any  matter 
or  suit  wherein  the  terms  of  said  bond  shall  become  material 
to  be  known.  Said  bonds  shall  be  held  by  said  city  of  Peoria 
as  security  for  the  performance  by  grantees  of  the  under- 
takings of  grantees  hereunder,  namely,  to  pay  the  principal  of 
said  city’s  outstanding  water  bonds  less  any  credits  which 
grantees  may  be  entitled  to  have  set  off  against  said  water 
bonds  as  provided  for  in  this  ordinance,  to  furnish  a sufficient 
quantity  of  clear  and  wholesome  water  for  all  public  and  pri- 
vate uses  as  provided  for  in  this  ordinance  and  at  rates  to  the 
city  of  Peoria,  not  to  exceed  the  maximum  rates  fixed  therein 
to  secure  any  judgment  at  law  which  may  be  obtained  by 
the  city  of  Peoria  against  grantees,  and  that  said  grantees 
will  reconvey  the  water  works  property  free  of  any 
and  all  incumbrances,  as  herein  provided  for,  in  case  of 
repurchase  by  the  city  of  Peoria,  and  to  renew  their  con- 
tract with  the  said  city  of  Peoria  at  the  expiration  of 
said  period  of  thirty  years  (in  case  the  said  city  of  Peoria 
does  not  repurchase)  at  not.  to  exceed  the  rates  both  public 
and  private  herein  provided  for.  The  payment  of  said  two 
hundred  and  twenty-five  thousand  dollar  ($225,000.00)  bonds* 
shall  be  secured  by  a good  and  sufficient  first  mortgage  or 
deed  of  trust  which  shall  be  given  by  said  grantees,  their  heirs, 
associates,  successors  or  assigns,  either  to  the  city  of  Peoria  or 
to  a trustee  or  trustees,  at  the  option  of  the  city  council  convey- 


Water  Works. 


839 


ing  all  of  the  said  present  water  works  property  and  real  es- 
tate hereinbefore  described  as  being  sold  and  conveyed  to  said 
grantees  together  with  the  real  estate  upon  which  the  reser- 
voirs, stand  pipes,  pumping  station  or  stations,  both  old  and 
new,  and  the  real  estate  upon  which  may  be  located  the  pro- 
posed source  of  water  supply  for  said  new  system  (all  of  which 
real  estate  shall  have  been  previously  purchased  by  grantees 
and  paid  for  in  full),  and  said  mortgage  or  trust  deed  shall 
cover  all  improvements  and  betterments  thereafter  made  on 
said  real  estate  and  all  grantees’  property,  real  and  personal,, 
owned  at  the  time  or  thereafter  acquired  by  said  grantees, 
their  associates,  successors  or  assigns,  connected  with  the  said 
water  works  system  or  used  as  a part  thereof;  and  said  mort- 
gage or  trust  deed  shall  contain  provisions  covering  the  forego- 
ing specifications  of  the  purposes  for  which  said  bonds  are  to  be 
held  as  security  by  the  city  of  Peoria,  and  further  providing 
that  in  case  of  the  failure  of  the  grantees  to  comply  with  any 
and  all  of  the  conditions  in  said  mortgage  at  any  time 
within  the  said  thirty  (30)  years  that  said  bonds  or  either  of 
them  may  be  declared  by  the  city  council  of  the  city  of  Peoria 
to  be  due  and  payable  because  of  such  failure  of  grantees,  and 
shall  contain  a further  provision  that  in  case  said  bonds  or 
either  of  them  shall  be  declared  to  be  due  by  said  city  council 
that  said  mortgage  may  be  immediately  forclosed  notwith- 
standing said  bond  or  bonds  shall  not  have  matured  according 
to  its  or  their  terms;  and  said  bond  or  bonds  and  mortgage  or 
trust  deed  shall  be  construed  together  as  one  contract  except 
that  the  terms  of  the  mortgage  or  trust  deed  with  respect  to 
the  declaration  by  the  council  making  such  bond  or  bonds  at 
once  due  and  payable  shal^  prevail  over  the  terms  of  the  bond 
or  bonds  with  reference  to  its  or  their  maturity: 

Said  mortgage  or  trust  deed  shall  further  provide  that  in 
case  of  a foreclosure  or  an  attempted  foreclosure  by  the  city  of 
Peoria  for  an  alleged  failure  of  the  grantees  to  comply  with 
their  contract  or  with  any  portion  thereof,  the  question  of  the 


840 


Special  Ordinances. 


breach  thereof  by  said  grantees  as  alleged  by  said  city  coun- 
cil shall  be  submitted  to  the  court  in  which  said  foreclosure 
proceedings  may  be  instituted  and  if  such  court  shall  find  that 
there  has  been  a default  as  declared  by  said  city  council  such 
court  shall  then  award  to  said  city  of  Peoria  all  damages  sus- 
tained by  it  which  may  have  been  caused  by  such  failure  of 
grantees. 

And  such  bonds  and  mortgage  or  trust  deed  shall  remain 
in  force  and  stand  as  security  until  the  end  of  said  periods  of 
ninteen  and  thirty  years  respectively  and  until  said  grantees-53" 
shall  have  fully  complied  with  the  undertakings  for  which  the 
same  stands  as  security,  but  in  case  grantees  shall  preserve 
and  keep  all  the  said  conditions  and  shall  pay  said  outstanding 
water  bonds  as  herein  provided  for,  then  said  bond  first  ma- , 
turing  shall  be  cancelled  at  the  date  of  its  maturity  and  re- 
turned to  said  grantees,  and  in  case  the  said  grantees  shall 
have  observed  its  contract  up  to  the  time  of  the  maturity  of 
said  thirty  year  bond  then  said  bond  shall  also  be  cancelled 
and- surrendered  to  grantees,  and  said  mortgage  or  trust  deed 
on  said  property  shall  be  then  released,  otherwise  the  same 
shall  stand  until  said  undertakings  shall  have  been  complied 
with.  No  other  bonds  of  any  kind,  nor  indebtedness  of  any 
kind,  to  any  person  or  corporation  other  than  the  city  of 
Peoria  shall  be  secured  by  said  first  mortgage,  nor  shall  there 
be  any  indebtedness  of  any  kind  or  nature  for  any  purpose 
whatever  contracted  or  incurredjby  said  grantees,  that  will 
interfere  in  any  way  with  said  city’s Ifirst  lien  on  all  the  prop- 
erty of  grantees,  for  the  amount  of  the  city’s  Ponded  indebted- 
ness assumed  to  be  paid  by  grantees  hereunder  and  for  the 
damages  accruing  to  the  said  city,  if  any,  by  reason  of  grantees 
failure,  at  any  time  to  keep  and  perform  their  agreements 
hereunder,  nor  that  will  interfere  with  said  city’s  right  to  re- 
purchase said  water  works  system  and  take  possession  of  the 
same  as  hereinafter  provided  for  entirely  free  from  the  lien  of 


Water  Works.  841 

incumbrances  and  indebtedness  incurred  or  made  by  said 
grantees  during  their  possession  of  the  same. 

And  said  grantees  shall  further  execute  and  deliver  to  the 
said  city  of  Peoria  a good  and  sufficient  bond  with  local  secur- 
ity to  be  approved  by  the  city  council  of  said  city  of  Peoria 
in  the  penal  sum  of  two  hundred  thousand  dollars  ($200,000), 
conditioned  for  the  payment,  satisfaction  and  cancellation  (and 
surrender  to  the  city  of  Peoria  of  said  bonds  when  so  can- 
celled) of  the  principal  of  all  the  before  described  water  bonds 
of  said  city  of  Peoria  less  credits,  if  any,  which  grantees  may 
be  entitled  to  have  thereon,  which  become  due  and  payable 
during  the  life  of  said  bond,  said  water  bonds  to  be  paid  and 
cancelled  within  thirty  days  respectively  after  they  mature 
and  are  presented  for  payment;  and  said  bond  shall  be  further 
conditioned  for  the  completion  of  said  water  works  system  in 
accordance  with  the  requirements  herein  specified  therefor  and 
for  the  payment  of  all  damages,  and  for  the  performance  of 
all  the  undertakings,  assumed  by  said  grantees  in  accepting 
this  ordinance  and  contracting  hereunder;  and  for  the  satisfac- 
tion of  all  mechanics’  liens  and  other  liens  incident  to  the  con- 
struction of  said  water  works  properties;  which  bond  shallcover 
a period  of  three  years  (3  years)  from  its  date,  at  the  expira- 
tion of  which  time,  if  there  shall  have  been  no  breach  of  the 
conditions  thereof,  it  shall  be  cancelled  and  returned  to  said 
grantees  and  the  sureties  thereon  shall  be  discharged.  The 
securities  in  this  section  required  to  be  given  by  said  grantees 
shall  be  approved,  and  accepted  by  the  city  council  of  the  city 
of  Peoria  before  the  said  city  conveys  its  property  to  the 
grantees  hereunder. 

2122.  System — Completion  of.]  § 3.  The  grantees 
shall  take  possession  of  the  present  existing  system  of  water 
works  immediately  after  the  sample  of  water  and  source  of 
supply  shall  have  been  approved  and  accepted  by  the  said  city 
council,  and  the  bonds  and  conveyances  herein  required  to  be 
mutually  executed  and  exchanged  shall  have  been  executed 


842 


Special  Ordinances. 


and  delivered,  and  thereafter,  continuously,  during  the  exist- 
ence of  this  franchise,  they  shall  maintain  and  operate  the  same 
at  first  as  in  their  present  condition,  and  afterwards  as  in  their 
new,  improved,  enlarged  and  extended  condition,  as  herein 
provided  for.  These  improvements,  enlargements  and  exten- 
sions shall  be  commenced  within  a reasonable  time,  prosecuted 
with  all  due  diligence,  and  be  completed  on  or  before  two 
years  from  the  date  of  the  passage  hereof.  Provided,  that  if 
said  grantees  are  delayed  by  injunction,  strikes,  or  by  order 
of  the  courts,  the  time  for  completion  shall  be  extended  for 
the  loss  of  time  so  occasioned. 

2123.  Streets  — Use  of.]  § 4.  And  the  said  city  of 
Peoria  hereby  grants  this  franchise  and  license  to  the  said 
grantees,  for  and  during  the  term  of  thirty  years  from  the  sale 
and  delivery  of  the  present  water  works  system,  subject  only 
to  the  right  of  purchase  and  conditions  herein  provided,  and 
also  the  right  to  operate  the  said  present  system  of  water 
works,  and  to  enlarge,  extend,  improve,  maintain  and  operate 
the  same  in,  near  and  for  the  said  city  of  Peoria,  for  supplying 
the  city  of  Peoria  and  its  inhabitants,  and  those  in  its  immedi- 
ate vicinity,  with  water  for  public  and  private  uses,  and  to  use 
within  the  present  and  future  limits  of  the  city  of  Peoria,  sub- 
ject to  the  restrictions,  limitations,  and  in  the  manner  herein 
provided,  the  streets,  alleys  and  other  public  ways  or  lands, 
for  the  purpose  of  laying,  taking  up,  repairing,  or  otherwise 
maintaining  and  operating  mains,  pipes,  hydrants  and  other 
appurtenances. 

2124.  System.]  § 5.  The  system  of  water  works  which 
is  to  be  built,  under  the  requirements  of  this  ordinance,  shall 
be  what  is  known  as  the  combined  “ Direct  Pumping  and 
Reservoir  System,”  and  shall  comprise  substantially  the  fol- 
lowing: 1st.  An  adequate  supply.  2d.  Sufficient  storage. 
3d.  A large,  commodious,  stone,  brick  and  iron  pumping  sta- 


Water  Works. 


843 


tion.  4th.  Sufficient  pumping  machinery.  5th.  A suitable 
pipe  distribution  system.  6th.  Suitable  distributing  reser- 
voirs. 

2125.  Supply.]  § 6.  The  water  to  be  furnished  under 
this  ordinance  shall  be  clear  and  wholesome,  of  such  standard 
of  purity  as  shall  be  approved  by  the  city  council,  and  shall  be 
ample  for  all  the  wants  of  the  city  of  Peoria,  both  for  public 
and  private  uses,  as  well  as  for  fire  protection.  Said  supply 
shall  be  increased  from  time  to  time  as  the  growth  of  the  city 
may  demand.  The  grantees  shall,  within  thirty  days  after  the 
passage  of  this  ordinance,  file  with  the  city  clerk  their  written 
agreement  to  fully  contract  with  the  city  of  Peoria  according 
to  the  terms  of  this  ordinance  on  or  before  August  first,  1889,. 
if  they  can  first  procure  water  satisfactory  to  the  council  as 
herein  provided;  and  that  they  will  give  the  securities  re- 
quired of  them,  and  finally  accept  under  this  ordinance  and 
contract  with  the  city  of  Peoria,  and  they  shall  immediately 
upon  the  passage  of  this  ordinance  proceed,  at  their  own  ex- 
pense, to  investigate  the  source  or  sources  of  water  supply, 
and  shall  report  to  the  city  council  without  unnecessary  delay, 
and  not  later  than  ninety  days  thereafter,  the  results  of  their 
investigations,  together  with  samples  of  water  of  the  quality 
and  kind  the  grantees  propose  to  furnish  said  city.  Where- 
upon said  city  shall  submit  the  samples  so  furnished  to  such 
tests  and  examinations  as  the  city  council  shall  deem  proper, 
and  shall  also  examine  the  location  of  the  proposed  source  of 
supply. 

Before  the  present  water  works  are  conveyed  to  the  said 
grantees  the  city  council  shall  accept  or  reject  the  proposed 
water  supply,  and  until  said  city  council  shall  approve  and 
accept  of  a new  water  supply,  said  present  water  works  sys- 
tem shall  not  be  conveyed  to  said  grantees;  but  if  grantees 
shall  fail  to  procure  water  satisfactory  to  said  council  by  the 
first  day  of  August,  1889,  t^ien  ordinance  may  be  repealed. 


Special  Ordinances 


844 

The  city  council  shall  have  the  right  to  examine  from  time  to 
time  the  quality  of  the  water  supplied,  and;  the  grantees  agree 
to  maintain  and  furnish  during  the  continuance  of  this  fran- 
chise, water  of  as  good  or  better  quality  than  that  of  the  sam- 
ple originally  furnished  and  accepted  by  said  city,  and  said 
grantees  agree  to  maintain  and  keep  said  source  of  water 
supply  in  the  best  possible  state  of  purity,  1 and  to  take  every 
possible  precaution  to  protect  the  same  from  contamination  or 
pollution  from  any  source  whatever.  In  no  case  is  the  supply 
of  water  to  be  taken  from  the  Illinois  river,  nor  from  a location 
that  would  be  subject  to  drainage  from  any  cemetery.  Said 
location  of  water  supply  shall  be  north  or  northeast  from  the 
northern  part  of  city  limits. 

It  is  expressly  understood  and  agreed  by  and  between  the 
parties  hereto  that  in  case  said  grantees  shall  fail  to  comply 
with  the  provisions  of  this  section  requiring  said  grantees  to 
supply  the  inhabitants  of  the  city  of  Peoria  with  clear  and 
wholesome  water,  said  grantees  shall  thereby  forfeit  to  the 
city  of  Peoria  the  sum  of  one  hundred  and  twenty-five  dollars 
($125.00)  per  day  for  each  and  every  day  they  shall  fail  for 
any  reason  to  supply  such  clear  and  wholesome  water  as 
aforesaid ; 'provided , that  the  city  council  of  the  city  of  Peoria 
shall  first  cause  to  be  given  to  said  grantees  through  any  offi- 
cer of  said  company,  or  agent  in  charge  of  said  company’s 
business  in  the  city  of  Peoria,  fifteen  day’s  notice  that  said 
water  has  been  pronounced  impure  and  unwholesome  and  not 
up  to  the  standard  prescribed  by  the  said  city  council.  The 
said  amount  to  be  recoverable  of  and  from  said  company  in  an 
action  of  debt  by  and  in  the  name  of  the  city  of  Peoria. 

2126-  Storage.]  § 7.  The  grantees  shall  provide  suffi- 
cient wells,  reservoirs,  or  storage  basins,  near  or  adjacent  to  the 
source  or  sources  of  supply,  so  as  to  insure  a storage  capacity 
sufficient  to  supply  the  maximum  amount  of  water  that  may 
be  required  for  fire  protection,  and  other  purposes,  during  any 


Water  Works. 


845 


conflagration  likely  to  occur  in  the  city  of  Peoria,  and  this 
shall  be  independent  of,  and  in  addition  to,  any  reservoirs 
which  may  be  used  as,  or  for,  distributing  reservoirs. 

2127.  Pumping  Station.]  § 8.  The  pumping  station 
buildings  shall  be  of  modern  construction,  of  neat  and  orna- 
mental design,  well  and  thoroughly  built  and  finished,  of  stone 
and  brick,  with  iron  truss  roof,  slated  and  be  practically  fire 
proof  structures.  They  shall  be  of  ample  size  to  accommodate 
the  pumping  machinery  hereinafter  specified,  and  so  arranged 
and  planned  that  additions  thereto  can  be  made  when  neces- 
sary without  impairing  their  use  or  efficiency  during  the  time 
said  additions  are  being  made.  There  may  be  one  structure 
with  suitable  sub-divisions,  or  may  be  in  two  or  more  de- 
tached buildings,  as  may  hereafter  be  deemed  best  and  expe- 
dient. 

2128.  Pumping  Machinery.]  § 9.  The  pumping  ma- 
chinery shall  be  large,  modern  and  first-class  in  all  respects, 
and  shall  consist  of  three  compound,  condensing,  cuplex, 
pumping  engines,  each  one  of  which  shall  be  capable  of 
pumping  not  less  than  seven  million,  two  hundred  thousand 
United  States  gallons  each  per  twenty-four  hours,  at  a piston 
speed  of  not  exceeding  one  hundred  and  forty  feet  per  minute, 
against  a water  pressure  of  one  hundred  and  eighty  pounds  to 
the  square  inch. 

Each  of  these  engines  shall  be  first-class  in  every  respect, 
and  shall  be  constructed  in  the  most  modern  and  improved 
manner,  by  first-class,  reputable  manufacturers. 

Each  of  these  engines  shall  be  so  proportioned,  arranged 
and  built  as  to  be  able  to  develop  a duty  of  at  least  one  hun- 
dred million  foot  pounds  with  one  thousand  pounds  of  steam, 
each  engine  to  have  air  pumps  and  condensers,  suitable  to 
maintain  a high  vacuum  when  working  at  their  maximum 
capacity;  each  engine  shall  be  erected  and  set  up  on  indepen- 
dent suitable  foundations,  and  be  connected  with  the  supply 
and  discharge  pipe  systems,  so  that  any  or  all  may  be  run  at 


846 


Special  Ordinances. 


any  time.  All  exposed  working  parts  of  these  engines  shall 
be  highly  finished,  and  the  entire  steam  ends  shall  be  neatly 
and  tastefully  lagged  with  hard  wood,  secured  and  ornamented 
with  polished  or  metal  clamps  or  screws.  Each  engine  shall 
have  its  own  set  of  gauges,  which  shall  include  two  vacuum, 
two  steam,  and  one  discharge  ordinary  pressure  guage. 
There  shall  also  be  a standard  steam  indicator,  and  permanent 
standards  and  connections  for  each  engine  to  permit  the 
attaching  of  indicators  and  the  taking  of  indicator  cards  and 
also  one  water  and  one  steam  recording  pressure  gauge;  there 
shall  also  be  attached  to  each  engine  a suitable  number  of  high 
grade  thermometers  to  indicate  the  temperature  of  the  water 
in  the  suction  and  discharge  pipes,  also  the  temperature  of  the 
steam  in  both  the  high  and  low  pressure  cylinders  in  the  ex- 
haust and  also  the  temperature  of  the  overflow  or  discharge 
water  from  the  condensers. 

In  addition  to  the  hereinbefore  detailed  main  pumping  en- 
gines, there  shall  be  a suitable  number  in  duplicate  of  boiler 
feed  pumps  and  feed  water  heaters  and  all  the  usual  connec- 
tions, special  fittings,  appurtenances  or  fixtures  necessary  to 
make  the  entire  pumping  plant  complete,  modern  and  first- 
class  in  all  respects. 

The  power  to  operate  this  pumping  machinery  shall  be  pro- 
vided by  three  batteries  of  two  or  more  boilers  each,  the 
whole  to  be  of  such  power  as  to  easily  furnish  the  steam  nec- 
essary to  operate  the  machinery  at  its  full  capacity;  these 
three  batteries  are  to  be  so  set  and  connected  that  either 
can  supply  steam  to  either  or  all  pumping  engines  at  the  same 
time;  each  of  these  boilers  shall  be  made  of  the  best  boiler 
steel,  in  the  most  thorough  and  workmanlike  manner.  Each 
boiler  shall  be  provided  with  all  appurtenances  necessary  to 
make  the  boiler  plant  a most  complete  and  efficient  and 
first-class  one  in  all  respects.  And  the  said  grantees  shall 
keep  both  the  boilers  and  the  pumping  engines  in  constant 


Water  Works. 


847 


and  first-class  repair,  during  the  life  of  this  ordinance,  and  in- 
crease the  same  from  time  to  time  as  may  be  necessary  to 
fully  supply  the  city  of  Peoria  and  its  inhabitants. 

Said  grantees  shall,  at  their  own  expense,  maintain  tele- 
phone communications  with  the  police  and  fire  departments  of 
the  city  of  Peoria,  and  also  with  the  public  telephone  system, 
and  also  construct  and  maintain  in  good  working  order  an 
electric  fire  alarm  bell  irt  the  pump  house,  which  shall  be  con- 
nected with  any  fire  alarm  system  which  is  or  may  hereafter 
be  in  use  in  said  city.  [As  amended  August  5,  1890.] 

2129.  Pipe  Distribution  System.]  § 10.  There  shall 
be  in  all,  including  the  pipe  now  laid  and  to  be  laid,  seventy- 
five  (75)  miles  of  cast  iron  water  pipes  within  the  limits  of 
said  city,  provided  with  all  the  usual  and  necessary  special 
•castings,  gates,  hydrants,  etc.,  as  hereinafter  specified.  Said 
seventy-five  miles  shall  be  street  measurement,  only  one  pipe 
to  be  measured  on  one  street,  hydrant  connections  not  to  be 
measured.  And  on  completion  of  said  seventy-five  miles  of 
pipes  there  shall  not  be  more  than  twenty-three  miles  of  six- 
inch  pipe,  nor  more  than  seventeen  miles  of  four-inch  pipe. 

Leading  into  the  city,  from  the  pumping  station  to  the  res- 
ervoir, and  as  far  as  the  county  court  house  square,  there  shall 
be  a thirty-inch  pipe;  from  this  point  to  the  lower  and  upper 
corporate  limits  of  the  city,  a twenty-four-inch  pipe  or  its 
equivalent  pipes,  in  not  more  than  two  mains,  and  leading 
from  these  mains  shall  be  other  pipes  of  suitable  diameters,  so 
arranged,  as  regards  cross  supplies  or  feeds,  as  to  fully  supply 
all  the  different  portions  of  the  city  with  a sufficient  quantity 
of  water,  under  sufficient  pressure,  to  fully  meet  the  herein  de- 
tailed requirements  for  fire  protection  service. 

The  city  shall,  by  resolution,  locate  within  sixty  days  after 
the  receipt  of  a written  request  from  the  grantees  to  so  locate, 
the  said  seventy-five  miles  of  pipe,  in  such  streets,  public  ways 
and  public  lands  of  the  city,  as  required  by  this  ordinance,  and 
the  grantees  shall  submit  to  the  city  a map  and  plan  of  the 


848 


Special  Ordinances. 


city  showing  such  a pipe  system  as  they  would  suggest  to 
serve  as  a basis  for  the  city  to  use  in  making  their  final  loca- 
tion. Said  map  and  plan  shall  be  filed  in  the  office  of  the  city 
clerk  and  shall  thereafter  be  left  in  said  office. 

In  case  the  city  shall  fail  to  locate  the  said  pipes  within  the 
said  sixty  days,  then  the  grantees  may  locate  the  same,  and 
such  location  shall  fulfill  the  requirements  of  this  ordinance  as 
to  location. 

In  furnishing  and  laying  this  seventy-five  miles  of  pipe 
distribution  system,  the  present  existing  pipe  system  may  be 
used,  subject  to  limitations  herein  contained,  as  may  be  deemed 
most  expedient  by  the  grantees,  so  as  to  form  a part  of  the 
whole  system  when  completed;  but  in  laying  the  new  addi- 
tional pipes,  or  in  relaying  or  removing  the  present  existing 
pipes,  care  shall  be  taken  to  maintain,  as  far  as  possible,  an 
uninterrupted  supply  to  so  much  of  the  city  as  is  at  present 
served  by  the  existing  distribution.  All  pipes  and  special  cast- 
ings used  in  connection  with  this  work  shall  be  of  first  class 
standard  manufacture  and  be  accompanied  by  an  inspector’s 
certificate  that  they  have  successfully  withstood,  at  their  place 
of  manufacture,  a hydrostatic  test  pressure  of  300  pounds  to  the 
square  inch;  and  alter  having  been  laid  and  connected  in  the 
ground  they  shall  be  subject  to  and  withstand  such  a hydrostatic 
pressure  as  may  be  brought  to  bear  upon  them  with  a pressure 
upon  the  pumping  engines  of  at  least  175  pounds  to  the  square 
inch. 

The  gates  shall  be  sufficient  in  number,  and  so  located,  that 
if  it  shall  be  necessary  to  shut  off  the  water,  in  case  of  accident, 
repairs,  or  for  any  other  purpose,  it  can  be  done  without  in- 
terfering with  the  system  as  a whole,  and  so  that  but  a small 
section  or  specific  sub-division  of  the  entire  system  need  be 
shut  off  at  any  one  time.  Each  gate  shall  be  provided  with  a 
suitable,  adjustable  cast  iron  box,  set  with  its  top  flush  with 
the  surface  of  the  ground,  and  at  corners,  or  crossings  of  one 
street  with  another,  suitable  special  castings  shall  be  placed  in 


Water  Works. 


849 

the  mains  when  laid,  so  that  when  the  future  extensions  be- 
yond seventy- five  miles  now  provided  for  are  required  the 
same  may  be  put  in  without  unnecessary  cutting  of  the  main 
lines  to  insert  special  castings,  and,  in  fact,  the  entire  pipe 
distribution  shall  be  so  constructed  as  a part  of  a whole  sys- 
tem that  shall  ultimately  cover  the  entire  city  of  Peoria,  and 
its  reasonable  extensions  and  enlargements.  All  pipes  and 
hydrant  connections,  old  or  new,  shall  be  laid  by  said  grantees, 
in  all  cases,  below  the  frost  line  of  the  permanent  grade. 

There  shall  be  placed  along  the  said  seventy-five  miles  of 
pipe  distribution  1,000  fire  hydrants,  less  those  now  set,  as 
the  same  may  be  located  by  the  city;  but  in  the  event  the  city 
shall  fail  to  locate  the  said  hydrants  within  sixty  days  after 
receipt  of  written  request  from  the  grantees  to  locate  the  same, 
the  grantees  may  locate  them  at  such  points  as  may  to  them 
seem  best.  One  hundred  of  these  hydrants,  located  upon  the 
principal  main  or  mains,  to  be  four  nozzle  independent  valve 
hydrant,  one  nozzle  to  be  for  steamer  connection,  if  desired, 
also  ten  hydrants  to  be  five  and  six  nozzle  hydrants  with  inde- 
pendent valves,  and  the  remaining  eight  hundred  and  ninety 
hydrants  to  be  double  nozzle  hydrants,  and  all  to  be  frost 
proof,  with  drips,  and  the  latest  and  most  approved  pattern. 
All  hydrants  found  defective  or  unsuitable  on  the  present 
pipe  system  shall  be  removed  and  replaced  with  new  hy- 
diants  bv  the  grantees.  The  hydrants  located  on  or  con- 
nected with  eight-inch  pipes,  or  those  of  larger  diameter,  shall 
have  independent  gates  and  boxes  between  the  mains  and  the 
hydrants.  Each  of  these  hydrants  shall  be  so  made  as  to  give 
a full  open  water  way  from  the  main  to  the  nozzles,  and  each 
nozzle  shall  be  made  of  the  size  and  fitted  with  thread  corres- 
ponding with  that  on  hose  coupling  now  in  use  in  the  city  of 
Peoria,  a sample  of  which  shall  be  delivered  by  the  city  to 
the  grantees  within  ten  days  after  a written  request  is  made 
for  the  same  to  the  mayor.  The  hydrants  to  be  located  and 
furnished  in  conformity  with  the  requirements  of  this  ordinance 
55 


850 


Special  Ordinances. 


are  to  be  used  only  in  cases  of  actual  fires  and  for  the  regular 
fire  department  practice,  and  for  such  tests  and  exhibitions  as 
may  be  ordered  by  the  mayor  or  chairman  of  the  committee 
on  fire  and  water,  and  for  flushing  sewers  and  gutters.  For 
any  use  of  which  notice  is  not  given  on  the  fire  alarm  system 
of  the  city,  reasonable  notice  shall  be  given  the  grantees.  In 
case  the  city  of  Peoria,  at  any  time  after  the  completion  of  the 
works,  shall  desire  to  have  set  any  fire  hydrants  intermediate 
to  those  then  in  use,  they  shall  be  set  by  the  grantees  without 
any  charge  for  rental,  provided  the  city  shall  be  to  all  expense 
of  furnishing  and  connecting  said  hydrants  and  keeping  them 
in  repair.  None  of  said  hvdrants,  however,  shall  be  set  for 
the  exclusive  benefit  of  private  users,  except  for  fire  protec- 
tion. 

The  said  grantees  shall  have  the  right  to  shut  off  water  tem- 
porarily from  the  mains,  or  any  portion  thereof,  for  the  pur- 
pose of  making  repairs  or  extensions  to  the  works,  and  the  said 
grantees  shall  not  be  liable  for  any  damages  occasioned  by 
such  temporary  suspension  of  the  supply  of  water,  provided 
notice  is  given  of  the  intention  of  shutting  off  the  water,  and 
such  repairs  or  extensions  are  made  without  delay,  and  with 
due  diligence.  But  if  at  any  time  the  supply  of  water  is  shut 
off  from  any  cause  for  more  than  five  days  at  a time,  the  rental 
for  the  fire  hydrants  that  are  shut  off  shall  cease  during  the 
time  of  suspension.  Provided , however , that  in  no  event  shall 
said  grantees  shut  off  the  entire  water  supply  so  as  to  leave  the 
city  without  ample  and  abundant  supply  of  water  for  fire 
purposes. 

In  case  the  city  of  Peoria,  at  any  time  after  the  laying  down 
of  the  pipes,  to  conform  to  the  provisions  herein,  shall  order 
or  make  any  change  in  the  grade  #of  the  streets  in  said  city 
from  the  permanent  grade,  whereby  it  shall  become  necessary 
to  relay  or  lower  any  of  the  water  works  pipes  or  hydrants, 
said  city  shall  bear  all  expense  of  such  work. 


Water  Works. 


851 


2130.  Reservoirs.]  § 11.  There  shall  be  located,  at  a 
suitable  point  or  points,  in  or  near  the  city,  a series  of  reser- 
voirs for  the  purpose  of  storing  and  distributing  water  to  the 
different  portions  thereof.  These  reservoirs  shall  be  of  such 
construction,  shape  and  size  as  may  be  deemed  best  and  where 
the  elevation  of  the  ground  is  sufficient  to  permit,  shall  be 
made  in  excavation  or  embankment  of  earth  and  masonry,  and 
where  the  elevation  is  not  sufficient  to  permit,  shall  be  made 
of  metal,  in  the  form  of  tanks,  stand  pipes  or  water  towers. 
All  distributing  reservoirs  and  the  water  in  the  same  shall 
have  the  same  top  elevation  and  be  sufficient  to  supply  all  re- 
quisite, ordinary  pressure  in  all  portions  of  the  city,  and  the 
water  level  shall  not  be  less  than  two  hundred  and  twenty 
(220)  feet  above  the  top  of  the  fourth  flute  on  the  south  angle 
of  the  corner  stone  of  the  Peoria  county  court  house,  the  ele- 
vation of  which  point  was  established  in  the  year  1877,  at  one 
hundred  feet  above  the  datum  plane.  Two  of  these  stand 
pipes  shall  be  erected  on  the  bluff,  in  said  city — one  to  be  lo- 
cated northeasterly  of  Hamilton  street,  and  the  other  to  be 
located  west  of  Elizabeth  street. 

Said  reservoirs  shall  be  so  built  that  they  may  be  pumped 
into  direct,  and  the  water  then  supplied  by  them  to  the  city 
and  also  that  they  may  be  disconnected,  in  time  of  necessity, 
that  the  water  supply  may  be  pumped  into  the  mains  and  to 
the  city  by  the  pumping  machinery  direct,  and  at  any  pres- 
sure up  to  the  maximum  herein  provided,  and  in  no  case  shall 
the  minimum  be  less  than  the  gravity  pressure.  But  said  res- 
ervoirs shall  not  be  disconnected  except  to  make  repairs 
thereto  or  to  be  cleaned.  Those  reservoirs  built  of  earth  and 
masonry  shall  be  constructed  according  to  specifications  sub- 
mitted by  the  grantees  and  shall  be  lined  with  brick  or  stone 
masonry,  or  concrete,  and  so  arranged  that  they  may  be  easily 
cleaned  or  repaired  without  endangering  the  water  supply  to 
the  city,  either  in  quantity  or  continuance. 


852 


Special  Ordinances. 


The  aggregate  capacity  of  all  the  reservoirs,  stand  pipes  or 
water  towers  to  be  constructed  in  connection  with  this  system 
of  water  works  to  be  not  less  than  nineteen  million  United 
States  gallons,  and  eighteen  million  gallons  shall  be  stored  in 
one  reservoir. 

There  shall  be  a driveway  connected  with  the  public  high- 
way to  and  around  the  reservoir.  Said  driveway  shall  be 
twenty-four  feet  wide  and  shall  be  kept  up  and  maintained  at 
grantees’  expense.  There  shall  also  be  a suitable  walk  for 
foot  passengers  six  feet  wide  from  the  public  highway  to  and 
around  the  reservoir.  | As  amended  August  5,  1890.] 

2131.  Care  and  Responsibility.]  § 12.  In  building 
these  works,  as  aforesaid,  and  in  opening  the  streets  for  the 
reception  of  the  pipes,  gates  and  special  castings,  hydrants, 
etc.,  or,  in  doing  or  performing  any  other  work  in  connection 
with  the  construction,  maintaining  and  repairing  of  the  said 
system  of  water  works,  there  shall  be  the  least  possible  ob- 
struction to  the  use  of  the  said  streets  or  ways  to  the  public. 
The  trenches  shall  remain  open  for  the  least  possible  time 
commensurate  with  good  and  efficient  work,  and  while  the 
trenches  are  so  open,  suitable  warnings  or  barricades  shall  be 
erected,  and  lights  shall  be  used  and  displayed  at  night,  and 
any  loss  or  damage  which  may  arise  or  be  caused  to  any  per- 
son or  property,  by  reason  of  the  grantees’  want  of  care,  in 
properly  protecting  the  said  trenches,  or  other  works,  shall  be 
borne  by  grantees,  and  the  grantees  shall  hold  the  city  of 
Peoria  harmless  in  any  and  all  respects,  by  reason  of  any  acci- 
dent, damage  or  encroachment  of  any  kind  whatsoever,  which 
may  be  occasioned  by  or  result  from  the  construction  of  the 
work  herein  provided  for. 

Said  grantees  shall  be  liable  for  and  pay  to  all  persons,  com- 
panies, or  corporations  injured  all  damages  which  may  result 
from  carelessness,  negligence  or  misconduct  of  said  grantees, 
or  any  agent  or  servant  of  said  grantees,  in  the  construction 


Water  Works. 


853 


or  operation  of  said  water  works;  and  said  grantees  shall  save 
and  keep  harmless  the  said  city  of  Peoria  on  account  of  any 
and  all  damages  and  costs  in  any  and  all  causes  of  action  that 
may  be  brought  by  any  person  or  persons,  company  or  cor- 
poration at  any  time  hereafter,  by  reason  of  carelessness  or 
negligence  as  aforesaid,  in  all  suits  in  which  said  city  is  sued, 
either  separately  or  jointly  with  said  company,  or  otherwise, 
including  reasonable  attorney’s  or  solicitor’s  fees,  and  for  other 
counsel  employed  by  said  city  in  and  about  such  suit  or  suits, 
if  any  shall  be  so  employed,  in  addition  to  the  city  attorney. 

The  rights  and  privileges  granted  to  said  grantees  in  the 
streets  and  alleys  of  the  city  of  Peoria  are  made  expressly 
subject  to  all  existing  police  regulations  now  in  force  in  the 
ordinances  of  said  city,  or  which  may  be  hereafter  passed  by 
the  city  council  of  said  city,  governing  the  opening  of  trenches 
in  said  streets;  and  said  grantees  expressly  covenant  and  agree 
to  observe  at  all  times  any  and  all  police  regulations  made  by 
the  city  council  of  the  city  of  Peoria,  affecting  their  right  to 
the  use  of  said  streets  and  alleys  as  herein  provided  for. 

After  the  said  works  have  been  completed,  or  as  fast  as  any 
portion  of  the  same  may  be  completed,  the  grantees  shall  re- 
store the  surface  of  the  streets,  alleys  and  public  ways,  in 
which  they  may  have  laid  pipes  or  constructed  any  other  por- 
tion of  their  works,  over  such  pipes  or  work,  to  as  near  the 
original  surface  in  which  they  found  the  same  as  the  nature  of 
the  work  will  permit. 

2132.  Local  Labor.]  § 13.  In  the  construction  of  the 
works  herein  provided  for,  the  grantees  shall  give  preference 
to  the  citizens  of  Peoria  in  all  branches  of  the  work,  and  shall 
not  import  or  employ  labor  from  other  places,  when  the  same 
class  and  quality  of  labor,  at  the  same  price,  can  be  obtained 
from  among  the  inhabitants  of  Peoria. 

2133*  Tests  and  Acceptance.]  § 14.  Upon  the  com- 
pletion of  the  improvement,  extension  and  enlargement  of  the 


854 


Special  Ordinances. 


present  system  of  water  works,  in  accordance  with  the  re- 
quirements of  this  ordinance,  the  grantees  shall  duly  notify 
said  city  of  Peoria  in  writing,  and  at  the  expiration  of  five 
days  thereafter  shall  proceed  to  make  a test  of  the  works  on 
the  first  suitable  day  following.  The  grantees  shall  test  the 
power  and  capacity  of  said  works  by  throwing  at  one  and  the 
same  time,  from  any  thirty  hydrants  lying  below  the  foot  of 
the  bluffs,  thirty  fire  streams,  each  stream  to  use  ioo  feet  of 
rubber  lined  hose,  and  a one-inch  ring  nozzle,  to  a vertical 
height  of  ioo  feet,  in  still  air,  or  132  feet  horizontally,  and  to 
show  a pressure  at  the  average  centre  of  the  location  of  the 
said  thirty  hydrants,  sufficient  to  throw  these  streams  these 
distances,  either  vertically  or  horizontally,  according  to  the 
tables  of  Geo.  A.  Ellis,  C.  E.,  or  in  other  words,  while  said 
lines  of  hose  and  nozzles,  as  herein  described,  are  attached  to 
the  said  thirty  hydrants,  hose  and  nozzles,  |there  shall  be  a 
pressure  maintained  at  said  centrally  located  point  of  not  less 
than  sixty-five  pounds  to  the  square  inch.  At  all  other  por- 
tions of  the  city  the  works  shall  be  able  to  throw  at  one  and 
the  same  time,  from  any  ten  hydrants,  ten  fire  streams,  with 
the  size  and  length  of  hose  and  nozzles  hereinbefore  de- 
scribed to  a vertical  height  of  sevrntv  feet,  or  a horizontal  dis- 
tance of  ninety-eight  feet,  both  in  still  air,  or  shall  show  a 
pressure  at  a hydrant,  centrally  located  between  said  other 
hydrants  of  forty-one  pounds  to  the  square  inch. 

These  test  streams  shall  be  distributed  in  each  of  the  differ- 
ent wards  in  the  districts  specified  below  the  bluff  and  on  the 
bluff,  and  none  shall  be  taken  from  four-inch  mains. 

These  tests,  or  trials,  shall  be  conducted  by  the  grantees, 
under  the  supervision  of  the  city  council  of  the  city  of  Peoria, 
and  the  city  of  Peoria  shall  furnish  all  the  requisite  hose,  noz- 
zles, pressure  guages,  etc.  This  test  shall  take  place  within 
ten  days  after  the  expiration  of  five  days’  written  notice  from 
the  grantees  that  they  will  be  ready  for  such  test  at  the  expi- 
ration of  the  said  five  days,  and  if  the  works  are  not  completed 


Water  Works. 


855 


and  ready  at  such  time,  then  shall  the  grantees  give  a new 
notice  of  thirty  days;  said  grantees  shall  notify  the  said  city  of 
Peoria  that  the  said  works  are  completed  and  are  ready  for 
the  said  test,  and  if  the  said  city  shall  fail  to  supervise  said 
test  within  said  ten  days,  then  shall  it  have  waived  its 
right  to  have  said  test  made,  and  its  non-fulfillment  or  failure 
to  supervise  such  test,  shall  be  an  acceptance  of  such  works. 
But,  if  the  city  shall  supervise  such  test,  and  the  said  works 
shall  withstand  the  same,  the  said  city  shall  formally  accept  by 
resolution  of  the  city  council,  the  system  of  water  works,  and 
thereupon,  either  after  such  test,  or  after  the  lapse  of  the  said 
ten  days,  and  the  failure  to  supervise  such  test,  the  rental 
hereinafter  provided  for  shall  commence,  and  be  due  and  pay- 
able, at  the  times  and  in  the  manner  specified. 

The  pressure,  capacity  and  efficiency  of  said  water  works 
system  shall  be  kept  at  all  times  during  said  period  of  thirty 
years^fully  up  to  the  standard  prescribed  in  this  ordinance,  and 
for  the  purpose  of  determining  the  amount  of  pressure  and 
efficiency  of  said  water  works  as  a fire  protection,  from  time 
to  time,  the  city  council  reserves  the  right  to  order  a test  of 
said  works  and  pressure  in  any  and  all  parts  of  the  city  of 
Peoria  at  least  once  each  year  during  said  period  of  thirty 
years. 

2134,  Rules,  Regulations  and  Rates.]  § 15.  After 
the  delivery  of  the  property  of  the  existing  water  works  to  the 
grantees,  and  their  acceptance  thereof,  the  grantees  may 
charge  and  collect  during  the  continuance  of  this  franchise 
and  license,  quarter  yearly  water  rates  in  advance,  which 
quarter  yearly  water  rates  shall  not  exceed  one-fourth  of  the 
amount  of  annual  water  rates  given  in  this  ordinance,  or  one- 
half  of  the  rates  given  for  six  months. 

The  only  exception  to  the  above  times  of  payment  being  in 
the  case  of  meter  rates,  which  shall  be  payable  monthly,  or  at 
such  other  periods  of  time  as  may  be  mutually  agreed  upon 
between  the  grantees  and  consumer. 


856 


Special  Ordinances. 


Grantees  shall  have  the  right  to  furnish  water  and  con- 
sumers to  take  water  at  meter  rates,  and  when  meters  are  re- 
quired, either  by  grantees  or  consumers,  they  shall  be  furn- 
ished by  grantees  without  charge.  In  all  cases  where  meters 
are  used  they  shall  be  such  as  will  meet  the  approval  of  the 
grantees,  but  may  be  subject  to  supervision,  inspection  and 
condemnation  by  the  city  council  or  any  one  by  them  desig- 
nated, and  when  condemned  such  meter  shall  be  removed  and 
a correct  meter  substituted  in  its  place  at  the  cost  of  said 
grantees. 

The  council  reserve  the  right  to  appoint  a man  as  inspector 
of  water  meters  used  by  the  consumers  under  this  ordinance, 
and  it  shall  be  the  duty  of  said  inspector  to  examine  and  test 
any  water  meter  furnished  to  consumers  by  said  grantees, 
whenever  requested  so  to  do  by  such  consumer.  Said  in- 
spector shall  always  give  twenty-four  (24)  hours’  notice  to  the 
consumer  and  also  to  the  said  grantees  of  the  time  and  place 
when  and  where  such  test  is  to  be  made.  Said  inspector  shall 
be  entitled  to  receive  in  advance  from  any  consumer  requiring 
his  services  the  sum  of  $2.00  and  his  reasonable  expenses,  not 
exceeding  $5.00  for  each  meter  by  him  inspected. 

Such  sum  shall  be  refunded  by  the  said  grantees  upon  pre- 
sentation to  them  of  the  inspector’s  certificate  that  the  meter 
has  been  found  by  him  to  register  more  water  than  actually 
passes  through  the  same,  but  if  the  said  meter  shall  be  found 
by  said  inspector  to  not  register  more  water  than  actually 
passes  through  the  same,  then  said  consumer  shall  bear  the 
expense  of  such  inspection  as  above  provided  for. 

The  grantees  shall  make  such  rules  and  regulations,  to  be 
first  approved  by  the  city  council,  regarding  the  service  and 
use  of  water,  putting  in  of  connections,  etc.,  both  as  regards 
the  quality  of  the  connections  and  their  arrangement  as  may 
be  proper  and  expedient,  with  just  and  reasonable  regards  for 
the  rights  of  others. 


Water  Works. 


857 


The  grantees  shall  have  the  exclusive  right  to  put  in  water 
service  pipes  and  connections  in  the  streets;  and  for  the  pur- 
pose of  controlling  and  regulating  the  service  pipes  and  con- 
nections to  be  used  in  connection  with  their  works,  shall  issue 
licenses  without  fee  under  the  aforesaid  rules  and  regulations 
to  any  plumber  licensed  by  the  city  of  Peoria  who  desires  to 
do  such  work,  and  who  shall  agree  to  do  it  in  accordance  with 
such  rules  and  regulations;  and  unless  such  plumbing  work  is 
done  in  accordance  with  and  in  conformity  to  such  rules  and 
regulations  thus  established  and  by  a regularly  licensed 
plumber,  the  grantees  may  refuse  to  furnish  water. 

All  persons  desiring  water  must  make  application  therefor 
at  the  office  of  and  upon  the  books  of  the  grantees,  who  shall 
maintain  an  office  in  the  central  part  of  the  city,  and  agree  to 
conform  to  the  rules  and  regulations  of  said  grantees  before  the 
grantees  shall  be  obliged  to  make  connection  with  the  premises 
of  such  applicant,  but  when  such  application  is  made  the 
grantees  shall  put  in  the  service  pipe  and  connections  between 
the  mains  and  sidewalk  line  at  their  own  expense,  and  the  ap- 
plicant shall  furnish,  at  his  own  expense,  the  sidewalk  stop 
and  box  and  pipe  and  fixtures  from  the  same  into  and  through 
his  property. 

The  city  reserves  the  right  to  order  said  grantees  to  put  in 
all  service  pipes  on  streets  from  main  to  the  sidewalk  line  prior 
to  the  making  of  any  permanent  pavement  on  said  streets 
within  said  city,  the  same  to  be  placed  at  such  points  along 
said  streets  as  the  city  council  may  direct,  and  when  so  di- 
rected the  grantees  shall  immediately  put  in  such  service  pipes 
and  stop  and  box. 

The  city  of  Peoria  will  adopt  ordinances  protecting  the 
grantees  in  the  safe  and  unmolested  exercise  of  the  franchise 
and  license  hereby  granted,  and  against  fraud  and  imposition, 
injury  to  the  property  used  in  connection  with  the  water  works, 
against  pollution  of  the  water  or  source  of  supply,  also  to  carry 
into  effect  the  provisions  of  this  ordinance  and  of  the  contract 


8S8 


Special  Ordinances. 


hereby  entered  into.  In  case  any  private  consumer  of  the 
grantees  shall  fail  to  pay  his  water  rates  as  herein  provided 
within  thirty  days  after  the  same  is  due,  the  supply  may  be 
shut  off. 

All  service  pipes  not  exceeding  one  and  a half  (i^)  inch 
in  diameter  hereafter  laid  by  grantees  from  mains  to  sidewalk 
line  shall  be  extra  strong  lead  pipes.  [As  amended  August  5, 
1890.] 

2135.  Table  of  Water  Rates — Annual  Rates.]  § 16. 

The  following  is  the  table  of  rates  to  be  charged  private  con- 
sumers for  the  use  of  water  supplied  by  said  grantees.  The 
amounts  hereby  so  fixed  as  the  maximum  charges  to  private 
consumers  shall  in  no  case  be  exceeded;  and  it  is  stipulated 
expressly  between  the  city  of  Peoria  and  grantees,  that  said 
grantees  by  wilfully  making  a charge  in  excess  of  the  follow- 
ing rates  shall  forfeit  and  pay  a penalty  of  $10.00  for  each 
overcharge  to  be  collected  by  the  person  or  persons  over- 
charged in  an  action  before  any  justice  of  the  peace: 


Banks,  one  faucet .$>  6.00 

Bakeries,  daily  average  bbls.  flour  used,  per  barrel 3.00 

Barber  shops,  first  chair 3. 00 

Each  additional  chair 2.00 

Baths,  private 3. 00 

Each  additional  tub 2.00 

Baths,  public,  per  tub 10.00 

Hotels  or  boarding  house,  each  tub 6.00 

Blacksmith’s  shop,  first  fire 3-5° 

Each  additional  fire 1 . 75 

Building  purposes,  brick  per  1000  laid 10 

Wetting  brick 05 

Stone,  per  perch 07 

Plaster,  per  too  yards. 20 


Water  for  building  purposes,  when  brick,  stone  or  plastering  are 
not  charged  for,  will  always  be  charged  for  at  the  following 


rates: 

Ordinary  frame  dwelling $ 2.00 

Large  frame  dwelling 3.00 

Ordinary  brick  dwelling 5>0° 

Other  buildings  and  uses,  each  barrel  of  lime  or  cement 10 

But  no  charge  less  than 1 .00 


Water  Works. 


859 


Butcher  shops,  each  stall  3.00 

Boardinghouses,  per  room 1.00 

Eating  houses $10  to  30.00 

Offices,  with  wash  basin 3.00 

Printing  offices,  not  including  engine,  six  hands  or  less 10.00 

Each  additional  hand 25 

Photograph  galleries 15.00 

Residence,  occupied  by  one  family,  four  rooms  or  less 4.00 

Each  additional  living  room 1 .00 

Hotels,  each  room ' 1 .00 

Boarding  schools,  each  room 1 .00 

Stables,  private,  one  horse  (including  washing  carriages) 2.00 

Each  additional  horse 1 .00 

Dray  and  team  horses,  each  horse 1 .00 

Livery,  boarding  and  sale,  including  carriage  washing,  per  horse.  2.00 

Steam  boilers,  per  horse  power,  twelve  hours  per  day 1.50 

Twenty-four  hours  per  pay 3.00 

Saloons,  each  faucet :...  8.00 

Soda  fountain  glass  washers $10  to  20.00 

Stores,  not  otherwise  enumerated 6.00 

Workshops,  for  ten  persons  or  under 5.00 

Each  additional  person 25 

Tenement  houses,  each  family,  four  rooms  or  less 4 00 

Each  additional  room 1.00 

Urinals,  private,  with  self  closing  faucets 3.00 

With  automatic  flush  faucets 3.00 

Public,  with  self-closing  faucets 5.00 

Water  closets,  private,  self-closing 3.00 

Each  additional 1.50 

Public  hotels,  restaurants,  saloons  and  stores,  self-closing  each 5.00 

Not  self-closing,  each 10.00 

Warehouses 6.00 

Sprinkling  carts,  for  each  team  employed,  per  month 16.00 

Parties  taking  water  from  their  neighbor’s  hydrant  (per  quarter) 

$1.50 6.00 

Goose  necks,  when  used  on  sprinklers,  regular  rates  for  premises 
supplied. 

Drug  stores : $8  to  12.00 

Sprinkling  streets  and  yards  four  hours  per  day,  40  feet  front,  or  less  5.00 

Each  additional  foot 10 

On  corner  lots  one-half  width  of  side  streets  per  foot 10 

METER  RATES  PER  1,000  U.  S.  GALLQNS. 

When  daily  consumption  is  1,000  gallons  or  less  the  charge  to  be  at 
the  rate  of  20  cents  per  1,000  gallons. 


86o 


Special  Ordinances. 


When  daily  consumption  is  more  than  1,000  gallons  on  the  excess 
over  1,000  gallons  the  charge  to  be  at  the  rate  of  6 cents  per 
1,000  gallons. 

Water  carts,  for  each  ioo  gallons  taken 05 

Rates  for  other  uses  to  be  proportionate  to  above,  according  to  the 
amount  of  water  used. 

Rates  for  fixtures  not  enumerated  above  to  be  porportionate  to  the 
forgoing  rates. 

MINIMUM  RATES. 


Fixture  rates 4.00 

Meter  rates 3.00 


1236.  Option.]  §17.  At  the  expiration  of  ten  years 
from  the  date  of  the  passage  of  this  ordinance,  or  at  any  five 
year  period  thereafter,  the  city  of  Peoria,  as  a municipal  cor- 
poration, shall  have  the  right  to  purchase  the  water  works  of 
the  grantees,  and  all  things  pertaining  thereto,  as  herein  pro- 
vided, on  the  following  conditions,  and  the  grantees,  in  accept- 
ing this  ordinance,  expressly  covenant  and  agree  to  sell  to  the 
city  of  Peoria  the  said  water  works,  provided  the  said  city 
may  at  said  time  have  the  power  to  contract  for  the  payment 
of  the  same,  or  shall  pay  for  the  same  in  cash,  and  upon  pay- 
ment for  the  same  to  convey  said  water  works  to  said  city 
free  from  all  liens  upon  the  following  conditions,  to-wit: 

The  city  of  Peoria,  by  resolution  of  its  city  council,  shall  de- 
termine to  purchase  the  said  water  works,  and  shall  serve  a 
certified  copy  of  such  resolution  on  the  grantees  at  least  six 
months  before  the  time,  or  times,  when  the  city  of  Peoria  may 
desire  to  exercise  the  right  of  purchase  hereinbefore  granted. 
In  the  event  that  the  city  and  the  grantees  shall  be  unable  to 
agree  upon  a price  to  be  paid  for  the  said  works,  then  the  said 
city  shall  have  the  right  to  have  at  once  appointed  three  disin- 
terested, non-resident  experts  as  appraisers;  these  appraisers 
to  be  named  by  the  judge  of  the  Circuit  Court  of  the  United 
States  for  the  district  in  which  Peoria  may  at  that  time  be 
situated. 

These  three  appraisers  shall  constitute  a commission  which 
shall  examine  and  take  testimony  of  experts  and  otherwise 


Water  Works. 


86i 


determine  the  then  existing  value  of  the  water  works  and  all 
that  pertains  thereto;  but  in  ascertaining  such  value  they  shall 
not  appraise  the  then  unexpired  term  of  this  franchise  or  con- 
tract, but  shall  equitably  decide  what  amount  the  city  of 
Peoria  is  justly  and  fairly  entitled  to  pay  the  grantees  for  the 
water  works  and  all  that  pertains  thereto,  save  said  unexpired 
franchise,  and  shall  make  a written  award  of  the  then  cash 
value  of  such  water  works  property,  in  duplicate,  and  shall  de- 
liver one  of  such  awards  to  the  city  clerk  and  the  other  to  the 
grantees;  and  the  said  city  shall  then  have  the  right  to  exer- 
cise the  option  of  purchasing  or  refusing  to  purchase  the  said 
water  works  at  the  price  so  fixed.  But  in  no  event  is  the  city 
to  pay  more  than  the  sum  paid  by  grantees  to  the  city  for  the 
original  water  works  and  the  cost  of  the  material  and  labor 
used  in  improving  and  enlarging  the  same,  and  said  appraisal 
shall  be  made  upon  this  basis,  excluding  all  distributing  pipes, 
hydrants,  etc.,  used  for  supplying  water  to  consumers  outside 
of  the  city  limits.  Provided,  that  nothing  herein  shall  be  so 
construed  as  to  prevent  the  city  purchasing  the  main  pipes, 
reservoirs,  machinery,  pumping  stations  and  supply  wells  and 
grounds,  etc.,  whether  the  same  may  be  located  within  or 
without  the  limits  of  said  city.  If  the  said  city  shall  then  elect 
to  purchase,  it  shall  give  the  grantees  notice  of  such  election 
within  sixty  days  from  the  delivering  of  said  award  to  the 
said  city  clerk,  and  it  may  pay  the  whole  or  any  part  of  such 
award,  but  it  shall  pay  not  less  than  one-sixth  of  the  same,  on 
or  before  the  expiration  of  three  months  thereafter,  and  on  or 
before  the  expiration  of  each  successive  period  of  three  months 
thereafter,  it  may  pay  the  whole  or  any  part  of  the  remainder, 
but  it  shall  pay  not  less  than  one-sixth  part  of  the  whole  award 
at  each  of  said  periods  until  the  whole  shall  be  paid.  Interest 
shall  be  paid  by  the  city  on  all  deferred  payments  from  the 
date  of  the  first  payment  to  the  time  of  the  payment  of  each 
and  all  of  the  said  deferred  payments,  at  such  rates  per  annum 
as  the  appraisers  may  name,  not  exceeding  the  legal  rate  of 


862 


Special  Ordinances. 


interest  of  the  State  of  Illinois.  But  the  said  city  shall  have 
no  right  to  any  of  the  property  or  income  of  the  said  water 
works  until  such  time  as  it  shall  take  actual  possession  of  the 
property  and  make  the  first  payment  of  the  purchase  money 
as  aforesaid,  and  at  such  time  an  adjustment  of  accounts  be- 
tween the  city  and  grantees  for  water  furnished  or  supplied 
by  the  grantees,  and  not  then  paid  for,  shall  be  had.  But  if 
the  city  shall  fail  or  refuse  thus  to  purchase,  it  shall  pay  all 
the  necessary  expenses  incurred  by  said  appraisers,  in  or  on 
account  of  the  appointing  of  such  appraisers  and  making  such 
award;  but  in  case  such  purchase  is  completed  and  such  pur- 
chase money  paid,  then  shall  said  expense  be  equally  divided 
between  the  city  and  the  grantees.  When  the  first  payment, 
as  fixed  by  this  section,  shall  have  been  made,  the  said  city 
shall  be  immediately  put  into  possession  of  said  water  works, 
and  all  payments,  when  made,  shall  be  applied  under  the  di- 
rection of  the  city,  if  the  city  sees  fit  so  to  direct,  to  the  liqui- 
dation and  extinguishment  of  all  indebtedness  of  said  grantees 
which  are  liens  upon  said  water  works,  and  upon  full  payment 
for  the  said  water  works  said  grantees  shall  convey  the  same 
free  from  all  liens  and  incumbrances  to  said  city.  [as  amend- 
ed July  23.  1889.] 

2137-  Water  for  Fire  Protection  — Payments  — How 
Made.]  § 18.  In  consideration  of  the  benefits  to  be  derived 
by  the  city  of  Peoria  and  its  inhabitants  from  the  improvement, 
enlargement  and  extension  of  its  present  system  of  water 
works,  and  the  operation  of  said  improved,  extended  and  en- 
larged water  works,  and  in  further  consideration  of  the  water 
supply  to  be  obtained  thereby,  for  public  and  private  uses, 
and  as  an  inducement  to  the  grantees  to  purchase  the  present 
system  of  water  works  and  to  enter  upon  and  improve,  en- 
large and  extend  the  same,  the  franchise  and  license  hereby 
granted  to  and  vested  in  the  grantees  shall  remain  in  full  force 
and  effect  during  the  term  of  thirty  years  from  and  after  the 
sale  and  delivery  of  the  present  water  works,  but  subject  to 


Water  Works. 


863 


the  right  of  purchase  as  herein  provided  and  to  the  other  con- 
ditions herein  imposed,  but  in  the  event  of  a failure  to  pur- 
chase said  water  works,  as  herein  provided,  on  or  before  the 
expiration  of  said  thirty  years,  said  franchise  and  license  shall 
then  continue  in  full  force  and  effect  until  such  time  as  said 
city  may  purchase  said  works,  but  subject  to  the  same  right 
of  purchase  as  before,  with  hydrant  rentals  not  exceeding 
twenty-five  dollars  per  year  for  each  hydrant  in  use,  but  the 
total  hydrant  rental  not  to  exceed  three  hundred  dollars  ($300) 
per  mile  of  main  pipe,  and  consumers’  rates  not  exceeding 
those  provided  for  in  this  contract;  but  if  the  city  and  grantees 
cannot  agree  upon  the  amount  that  shall  be  paid  for  hydrant 
rentals  and  other  uses  — public  and  private  — within  the  above 
limits,  during  such  extended  period  of  this  contract,  then  such 
amount  shall  be  determined  by  arbitration  in  the  same  man- 
ner as  is  provided  in  section  17  of  this  ordinance  as  amended. 

In  consideration  of  the  property,  privileges  and  franchises 
by  this  contract  granted  and  conveyed  to  the  grantees,  they 
hereby  agree  and  bind  themselves  during  the  continuance  of 
this  contract,  upon  the  request  of  the  said  city  of  Peoria,  to 
furnish  water  for  fire  protection  and  for  other  public  uses  as 
herein  provided,  for  the  sum  of  $41,600  per  annum  from  the 
date  of  the  completion  and  acceptance  by  the  city  of  Peoria  of 
the  said  proposed  water  works  system  as  provided  in  this  or- 
dinance as  amended,  and  to  receive  in  part  payment  of  said 
annual  sum  of  $41,600  the  interest  coupons  hereinafter  paid 
by  said  city  of  Peoria  upon  its  water  bonds,  for  interest  accru- 
ing after  the  delivery  of  the  present  water  works  by  said  city 
to  said  grantees,  said  amount  of  $41,600  to  be  due  and  pay- 
able in  four  equal  quarterly  installments  within  thirty  days 
after  the  end  of  the  quarter  for  which  water  has  been  so  furn- 
ished. In  default  of  the  payment  by  the  city  of  any  install- 
ment for  such  hydrant  rental  service  and  water  furnished 
within  the  time  fixed  bv  this  section  for  its  payment,  the  said 
grantees  shall  be  released  from  the  payment  of  said  water 


864 


Special  Ordinances. 


bonds  to  an  amount  equal  to  the  amount  of  said  default,  with 
interest  on  the  same  at  five  per  cent,  during  the  continuance  of 
said  default.  But  prior  to  the  completion  of  said  water  works, 
and  subsequent  to  the  delivery  of  the  present  water  works 
system  to  the  grantees,  the  charge  and  rental  for  the  use  of 
hydrants  and  water  furnished  shall  be  for  three  hundred  and 
sixty-nine  hydrants  from  November  i,  1889,  up  to  the  date  of 
the  completion  of  the  two  water  towers  upon  the  East  and 
West  Bluffs  and  their  connection  and  use  with  the  pipe  dis- 
tribution system  as  then  laid,  after  which  date  the  charge  and 
rental  for  the  use  of  hydrants  shall  be  for  five  hundred  and 
seventy  up  to  the  date  of  the  completion  and  acceptance  of  the 
water  works  system,  and  thereafter  for  one  thousand  hydrants, 
as  provided  in  this  ordinance  as  amended.  Provided , that 
such  payment  of  new  hydrant  rental  shall  not  be  construed  to 
waive  the  right  of  the  city  to  have  the  new  hydrants  sub- 
jected to  the  tests  heretofore  required  by  this  ordinance  for 
said  new  water  works  system:  provided, further,  that  in  con- 
sideration of  said  city  having  passed  this  amended  ordinance 
said  grantees  shall  at  all  times  keep  all  its  new  hydrants  sup- 
plied with  water  and  fire  pressure  and  shall  permit  the  said 
city  to  use  the  same  for  suppressing  conflagrations  before  said 
works  are  completed  free  of  other  charge:  Provided , 
further , that  when  hydrants  are  located  along  boundary 
streets  between  the  city  of  Peoria  and  other  inhabited  terri- 
tory, and  the  grantees  furnish  water  lo  such  territory,  a de- 
duction of  one-half  the  hydrant  rental  rates  above  specified 
shall  be  allowed  to  the  city  of  Peoria  on  the  hydrants  so 
located.  It  is  further  expressly  provided  and  agreed  by  and 
between  the  parties  hereto,  that  in  no  event  and  under  no  cir- 
cumstances, so  long  as  said  city  of  Peoria  desires  and  the  city 
council  request  hydrant  service  and  water  to  be  furnished  to 
the  city  of  Peoria,  shall  the  grantees  refuse  or  neglect  for  any 
space  of  time  to  supply  the  city  of  Peoria  and  all  the  hydrants 
provided  for  in  this  contract,  with  water  and  pressure  for  fire 


Water  Works. 


865 


protection,  unless  such  failure  is  caused  by  an  act  of  God  in 
the  destruction  or  impairment  of  said  water  works  system  or 
some  part  thereof,  or  by  mob  violence,  in  either  of  which  cases 
said  water  works  system  and  every  part  thereof  shall  be  re- 
stored to  the  former  state  of  efficiency  by  grantees  at  the  ear- 
liest practicable  date.  And,  if  for  any  cause  other  than  the 
two  above  specified,  the  said  grantees  fail,  neglect  or  refuse 
for  any  space  of  time  to  furnish  all  the  water  and  fire  protec- 
tion pressure  required  by  said  council  and  provided  for  in  this 
ordinance,  said  grantees  shall  thereby  forfeit  to  the  city  of 
Peoria  its  franchise  and  license  hereunder  and  herein  granted 
and  its  right  to  retain  possession  of  the  water  works  system, 
pumping  station  or  stations,  reservoirs,  stand  pipes,  mains, 
pipes,  hydrants  and  the  entire  property  mentioned  and  de- 
scribed in  this  ordinance  as  belonging  to  or  to  belong  to  said 
grantees  as  a part  of  said  water  works  system;  and  the  city  of 
Peoria  by  order  of  the  mayor  upon  resolution  of  the  council 
may  immediately,  without  process  of  law,  take  full  and  com- 
plete possession  of  said  property  and  water  works  system  as 
aforesaid  whether  within  or  without  the  limits  of  said  city 
(using  force  if  necessary  for  the  purpose  of  taking  such  pos- 
session), and  may  operate  said  pumping  station  or  stations  and 
water  works  system  so  as  to  furnish  adequate  fire  protection 
and  water  for  the  uses  of  said  city  and  the  citizens  thereof 
thereafter;  and  grantees,  by  accepting  this  ordinance,  agree  to 
and  do  waive  and  release  to  the  city  of  Peoria  any  claim  for 
damages  against  said  city  and  its  servants  which  they  might 
make  by  reason  of  such  forcible  entry  upon  and  into  and  use 
of  said  water  works  properties  for  such  causes  and  purposes; 
and  said  city  council  may  at  its  option  for  said  reason,  declare 
said  franchise  and  license  forfeited.  Provided , that  if  said 
grantees  shall  re-engage  to  furnish  said  city  with  water  and 
pressure  for  fire  protection,  etc.,  as  herein  provided  for,  and 
shall  then  give  satisfactory  security  that  they  will  comply 
with  such  undertaking  to  again  continually  furnish  water  and 
56 


866 


Special  Ordinances. 


fire  protection  for  said  city,  they  shall  be  restored  to  the 
possession  of  said  water  works  property,  and  their  franchise 
and  license  shall  be  restored  to  them,  subject  to  be  again  for- 
feited as  in  the  first  instance.  But  nothing  in  this  section  shall 
be  held  to  release  the  city  from  its  legal  liability  to  pay  for 
hydrant  rental  and  for  all  water  so  furnished. 

But  no  money  or  consideration  of  any  kind  shall  be  paid  by 
the  city  to  grantees  for  the  water  used,  nor  for  hydrant  rental 
during  the  time  the  city  is  in  possession  of  said  water  works 
and  operating  the  same  as  aforesaid. 

In  case  the  city  shall  desire  the  said  pipe  system  to  be  ex- 
tended within  the  present  or  future  limits  of  the  city,  and  shall 
by  ordinance  direct  the  grantees  to  make  such  extension,  then 
shall  the  grantees  make  the  same,  and  furnish  and  erect  fire 
hydrants  thereon,  to  the  number  of  twelve  to  each  mile,  as  the 
city  may  locate  the  same,  upon  the  condition  that  the  city 
shall  pay  for  the  fire  protection  thus  afforded,  $75  per  quarter 
for  each  and  every  mile  thus  laid  during  the  said  unexpired  term 
of  thirty  years  from  completion  of  the  said  extension,  but  sub- 
ject to  the  right  of  purchase  herein  provided  for.  Said  grantees 
shall  constantly,  day  and  night,  except  in  cases  of  unavoidable 
accident,  keep  all  hydrants  supplied  with  water,  and  shall  keep 
them  in  good  order  and  efficiency.  The  chief  of  the  fire  de- 
partment of  said  city,  and  in  case  of  his  absence,  the  officer  in 
charge  thereof,  or  any  person  designated  by  the  city  council, 
may  inspect  the  hydrants  from  time  to  time,  and  if  upon  said 
inspection  any  of  said  hydrants  are  found  to  be  out  of  working 
order  he  shall  forthwith  notify  the  chief  officer  in  charge  of  the 
water  works  in  writing,  specifying  the  hydrant  or  hydrants 
out  of  working  order,  and  said  officer  of  the  water  works 
shall  forthwith  repair  the  same,  and  if  not  in  working  order 
within  five  days  after  such  notice,  the  grantees  shall  pay  to 
the  city  a forfeit  of  ten  dollars  ($10)  a day  per  hydrant  while 
such  hydrant  or  hydrants  remain  out  of  repair.  But  the  fail- 
ure of  said  officer  to  so  inspect  and  notify  shall  not  relieve 


Water  Works. 


867 


said  grantees  from  liability  in  case  said  hydrants  are  not  kept 
in  good  repair,  nor  shall  said  failure  make  the  city  liable  for 
damages  in  any  way.  [ As  amended  August  5,  1890.] 

2138.  FreeWater.]  § 19.  In  consideration  of  the  fran- 
chise and  license  herein  granted  by  the  said  city  of  Peoria  to 
the  said  grantees  as  herein  mentioned,  the  grantees  hereby 
agree  to  furnish  and  supply  constantly,  day  and  night,  except 
in  case  of  casuality  beyond  the  control  of  the  grantees  at  their 
own  expense  for  the  period  of  thirty  years,  and  as  much 
longer  as  this  franchise  may  be  extended,  a sufficient  amount 
of  water  for  the  uses  of  said  city,  for  the  practice  of  the  fire 
department,  for  the  necessary  flushing  of  public  sewers  and 
gutters,  the  sprinkling  with  wagons  or  carts  of  any  or  all 
streets  when  ordered  or  required  by  the  city,  and  for  all  uses 
in  all  city  and  county  buildings,  city  parks,  public  and  parochial 
schools,  churches,  hospitals  and  all  charitable  institutions  sup- 
ported by  the  city  or  by  the  county  or  by  private  contribu- 
tions and  for  sprinkling  the  court  house  square  throughout 
the  entire  year,  also  for  public  drinking  fountains  for  man  and 
beast  and  for  ten  hours  per  day  during  the  non-freezing 
months  of  the  year  for  all  public  display  fountains. 

The  city  shall  take  all  due  precaution  to  prevent  the  unnec- 
essary use  and  waste  of  water  from  these  fixtures.  [As 
amended  August  5,  1890.J 

2139.  Disturbing  Streets.]  § 20.  The  city  of  Peoria 
reserves  the  right  to  disturb  the  pipes  of  the  said  grantees 
when  it  shall  become  necessary  for  building  or  repairing 
sewers,  or  for  the  making  of  other  city  improvements,  the 
same  to  be  so  done  as  to  cause  the  least  damage  to  grantees 
possible.  But  nothing  herein  shall  be  so  construed  as  to  re- 
lease contractors  with  the  city  from  liability  for  damage  caused 
by  disturbing  said  pipes.  And  said  grantees  hereby  coven- 
ant and  agree  that  when  they  shall  disturb  the  paving  in  the 
streets  of  said  city  in  extending,  repairing  or  changing  water 


868 


Special.  Ordinances. 


mains  or  pipes,  that  said  grantees  at  their  own  expense,  shall 
restore  said  street  and  said  paving  to  its  original  condition  as 
soon  as  said  pipes  shall  have  been  put  in  place,  and  without 
unnecessary  delay. 

2140.  Acceptance.]  § 21.  This  ordinance  shall  become 
binding  as  a contract  upon  the  city  of  Peoria,  in  the  event  that 
the  grantees  shall  first  perform  all  the  conditions  herein  re- 
quired of  them,  and  shall  then  file  with  the  city  clerk  of  the 
city  their  written  acceptance  of  the  same,  and  the  said  ordi- 
nance and  the  acceptance  thereof  shall  constitute  a contract 
and  be  a measure  of  the  rights,  liabilities  and  privileges  of  said 
city  of  Peoria  and  the  said  grantees,  and  these  conditions  and 
the  acceptance  shall  be  performed  and  made  on  or  before  the 
2d  day  of  October,  A.  D.  1889,  and  if  the  grantees  shall  then 
fail  to  accept  this  contract  then  this  ordinance  may  be  repealed. 
[As  amended  July  23,  1892.] 

2141-  Corporation  and  Assignment.]  § 22.  The 

grantees  herein  agree  that  they  will  within  thirty  days  after 
this  ordinance  become  a contract,  organize  or  cause  to  be  or- 
ganized under  the  laws  of  the  state  of  Illinois,  a water  works 
company,  or  a corporation,  to  whom  this  ordinance  and  con- 
tract shall  be  duly  assigned  and  transferred,  subject  to  all  the 
restrictions  and  undertakings  herein  put  upon  and  assumed 
by  grantees,  and  said  company  shall  take  the  place  of  grantees 
and  do  and  perform  their  undertakings  hereunder,  and  such 
assignment  shall  be  filed  in  the  clerk’s  office  of  the  city  of 
Peoria,  and  shall  also  be  recorded  in  the  office  of  the  recorder 
of  deeds  in  and  for  Peoria  county,  and  no  other  or  further  as- 
signment or  transfer  shall  be  made  except  by  mortgage  with- 
out the  consent  of  the  city  council  of  the  city  of  Peoria.  Pro- 
vided, however,  that  no  mortgage  of  said  water  company  or 
corporation  shall  be  made-  which  will  have  the  effect  of  cutting 
off  any  of  the  rights  of  the  city  of  Peoria  under  this  amended 
ordinance.  Wherever  in  this  ordinance  the  word  “grantees” 


Water  Works. 


869 


is  used  it  shall  be  deemed  to  mean  John  F.  Moffett,  Henry  C. 
Hodgkins,  John  V.  Clarke  and  Charles  T.  Moffett,  compris- 
ing the  firm  of  Moffett,  Hodgkins  & Clarke,  their  legal  repre- 
sentatives, associates,  successors  or  assigns. 

The  foregoing  amendments  are  made  upon  the  express  con- 
dition that  they  shall  be  accepted  by  the  grantees  within  ten 
days  after  the  passage  of  this  ordinance  in  writing,  with  astip- 
ulation and  agreement  by  grantees  that  such  amendments 
shall  not  in  any  way  change,  modify  or  affect  or  release  any 
of  the  other  terms,  conditions,  covenants  and  agreements  as 
contained  in  said  ordinance,  not  amended  hereby.  Otherwise 
this  amendment  to  be  void  and  of  no  effect.  [As  amended 
August  5,  1890.] 

2142-  Execution  of  Contract.]  § 23.  The  mayor  and 
city  clerk  of  the  city  of  Peoria  are  hereby  authorized  and  in- 
structed, upon  the  exceptance  of  this  ordinance  by  grantees,  and 
filing  and  approval  by  the  city  council  of  the  bonds  and  securi- 
ties herein  required,  and  after  the  water  supply  and  source  shall 
have  first  been  approved  by  the  city  council,  to  execute  and 
deliver  to  grantees  a deed  of  conveyance  for  the  property  so 
sold,  and  to  seal  duplicate  copies  hereof  with  the  seal  of  the 
city,  and  to  sign  such  copies,  in  the  name  of  and,  in  behalf  of 
the  city,  and  to  deliver  one  such  copy,  so  sealed  and  signed  in 
behalf  of  the  city,  to  the  grantees,  and  to  accept  the  other,  in 
behalf  of  the  city,  when  signed  and  sealed  by  the  grantees, 
and  to  cause  such  copy,  together  with  such  acceptance,  to  be 
authenticated  in  accordance  with  the  laws  governing  contracts 
for  the  purchase  and  sale  of  real  estate  and  personal  property, 
and  to  record  the  same  in  the  office  of  the  recorder  of  deeds  of 
Peoria  County,  Illinois,  and  the  said  mayor  and  the  said  city 
clerk  are  hereby  authorized  to  sign,  with  their  official  hands, 
and  to  seal  with  the  seal  of  the  city,  any  additional  copies  of 
this  contract,  or  extracts  therefrom,  and  to  certify  to  the  cor- 
rectness thereof  upon  the  request  of  said  grantees. 


870 


Special  Ordinances. 


2143.  Ordinance — Interpretation  of.]  § 24.  It  is  ex- 
pressly understood,  and  grantees  consent  and  agree,  by  accept- 
ing this  ordinance,  that  in  interpreting,  construing  and  giving 
effect  to  this  ordinance  and  contract,  each  and  every  expres- 
sion used,  if  any,  which  is  indefinite  or  susceptible  of  more 
than  one  interpretation  or  meaning,  the  interpretation  and 
meaning  which  most  favors  and  best  protects  the  interests  of 
the  city  of  Peoria  and  the  inhabitants  thereof  shall  be  adopted; 
and  that  fire  protection  shall  be  afforded  to  the  city  of  Peoria 
and  its  citizens  at  all  times,  upon  request  of  the  council,  even 
though  no  legal  special  contract  for  the  price  thereof  has  been 
previously  made,  but  where  said  water  is  furnished  by  said 
grantees  without  special  request  having  previously  been  made 
by  said  council  therefor,  the  same  shall  be  paid  for  at  the  rate 
and  in  the  manner  hereinbefore  provided.  [As  amended  July 
23, 1889.] 

2144.  Effect  and  Repeal.]  § 25.  All  ordinances,  or 
parts  of  ordinances,  inconsistent  herewith,  are  hereby  re- 
pealed, and  this  ordinance  is,  and'  shall  be,  in  force  from  and 
after  its  passage  and  publication  by  the  city  council  of  the  city 
of  Peoria,  and  its  acceptance  by  the  said  grantees. 


/ 


■L 


// 


INDEX. 


Acknowledgement.  sec. 

Of  official  bonds  required 588 

Effect  acknowledgement,  as  evidence 588 

Of  town  plats,  additions  of  subdivisions,  required 613 

Effect  of 614 

Vacation  of  plat 617 

Actions  to  Recover  Penalties. 

Suits,  how  brought 241 

Arrest  upon  sworn  complaint 242 

Imprisonment  upon  non-payment  of  fine 242 

Imprisonment  not  to  exceed  six  months  for  one  offense 242 

Prisoner  required  to  work  out  fine  at  fifty  cents  per  day 242 

Advertisements. 

Exhibition  on  street;  power  to  regulate cl.  18,  63 

Affray. 

Power  to  prevent  and  suppress cl.  72,  63 

Agriculture— Marketing  Produce. 

Farmer,  etc.,  may  sell  produce  without  license 244 

Air  Gun. 

Discharge  of,  penalty 1670 

Alderman. 

May  be  elected  on  general  ticket,  when 7 

Member  of  council 30 

Number  of  allowed 31 

Term  of  office 32 

Vacancy  filled  by  election 33 

Qualifications  of 34,  84 

Council,  judge  of  election  and  [qualifications  of 35 


Index. 


872 

Alderman — continued.  sec. 

Conviction  of  bribery  vacates  office 36,  86,  595 

Disorderly  conduct;  council  may  punish  or  expel 36 

Interest  in  contract,  etc.,  prohibited 598,  750 

Compelling  attendance  of 37 

Three  may  call  special  meeting  of  council 46 

Power  to  pass  ordinance  over  veto 47 

One  elected  annually  for  each  ward 52 

At  first  election,  classified 53 

Minority  representation 54—56 

No  quorum  in  office,  may  call  special  election 61 

Council  canvass  election  returns 58 

Not  to  hold  any  other  city  office 87,  597 

Penalty  for  malfeasance 599 

Conservator  of  peace 90 

Compensation  of 95 


Who  may  contest  election 1397 

Contest  of  election  of 1397 

Compensation  of 803 

Non-attendance 799 

Aliens. 

Employment  in  public  service  prohibited 245 

Employe  on  public  work  must  show  citizenship  or  declaration  to 

become 246 

Penalty  for  paying  public  money  to  alien 247 

Penalty  for  false  certificate  as  to  alien 248 

Alien  employe  on  public  work,  discharge  of 249 

Failure  to  take  out  final  papers 250 

Ambulance. 

Superintendent  of  police,  custodian  of 986 

Right  of  way  in  streets 1526 

Amusements. 

Power  to  license  and  regulate cl.  41,  63 

To  regulate  places  of cl.  58,  63 

To  prevent  and  regulate  on  street.  cl.  92,  63 


On  Sunday,  prohibited 1688 

Entertainment,  license  for,  penalty 1151 

Entertainment  for  charitable  purpose,  no  fee 1 151 

License,  terms  of 1152 

License,  fees  for,  classified 1153 

Circus  and  menagerie,  license  fee  for 1153 

Theatre,  license  fee  for 1 1 53 

License  fee  regulated  by  prices  of  admission 1153 


Index. 


873 

Amusements— continued.  sec. 

License,  city  clerk  to  issue 1154 

License  subject  to  ordinance 1155 

License,  granting  in  discretion  of  mayor 1155 

Prohibitions  in  licenses,  revocation  of 1156 

Concerts  in  saloons,  permit 1157 

License,  how  taken  out 1158 

Mutilation  of  amusement  bills,  penalty 1159 

Intoxicating  liquors,  penalty 1160 

Seats  in  passage  way 1161 

Special  police  patrolman 1162 

Refusal  to  “move  on”  after  notice,  penalty 1163 

Animals. 

Power  to  prohibit  running  at  large .cl.  80,  63 

Certain  animals  prohibited  from  running  at  large 251 

Penalty  for 252 

Taking  up,  penalty  and  liability  for  damages 253 


Prohibited  in  parks,  etc 1723 

Redemption  of  from  pound 1805 

Fees  for  impounding > 1804 

Proceedings  as  to,  impounded 1806 

Impounded,  unknown  owner,  proceedings 1807 

Sustenance  of,  impounded 1803 

Domestic,  not  to  run  at  large 1796 

Cruelty  to,  penalty 1642 

Dangerous  in  street,  penalty 1668 

Care  of  in  public  pound 1484 

Dead,  how  same  to  be  removed 1517 

Dead,  police  to  remove,  when 1516 

Dead,  owner  to  remove,  notice 1514 

Depositing  dead  in  city 1513 

Diseased  or  sickly,  not  to  be  brought  into  city 151 1 

Occasioning  nuisance,  prohibited 1521 

Imperiling  health,  exposure  of,  prohibited 1521 

Hitching  to  market  house,  etc.,  prohibited 1565 

Place  at  market  to  confine,  how  provided 1563 

Feet  of,  not  to  be  tied  together 1562 

Sick  or  diseased,  offering  for  sale  in  market,  etc.,  prohibited 1561 

Disturbing  noises,  by  penalty 1620 

Slaughtering  of,  prohibited  where 1478 

Annexation  of  Territory. 

Number  of  aldermen 31 


Annexing  and  Excluding  Territory. 

Annexation  of  adjoining  city,  etc.,  procedure,  election,  result 


254 


Index. 


874 

Annexing  and  Excluding  Territory.— continued  sec 

Of  part  of  city 255 

Annexation  of  whole  or  part  submitted  together 256 

Adjustment  of  debts  and  assets 257 

Annual  tax  levy,  include  annexed  lands 258 

Tax  collection  not  stayed  by  annexation 259 

Pending  suits 260 

Part  annexed;  apportionment  of  debt;  public  property 261 

Annual  tax  apportioned 262 

Streets;  improvement  of 263 

Opening  of,  not  delayed  by  annexation 264 

Water  works,  rights  as  to 265 

Gas  or  electric  light  systems 265 

Disputed  matters,  settlement  of 266 

Public  records  and  papers,  transfer  of 267 

Officers,  in  detached  portion  hold  over 268 

Police  magistrate  holds  until  term  ended 269 

Justice  of  peace  holds  until  term  ended 269 

Policemen  and  firemen  continue  as  such 270 

Licensing  dram  shops,  prior  prohibition  enforced,  election  as  to 

licensing 271 

Wards,  how  constituted 272 

Election  of  aldermen . , 272 

Drainage  by  special  assessment 273 

Annexation  of  towns  under  act  of  1887 274 

Annexation  of  contiguous  property 277 

Petition  for 277 

Annexation  of  one  corporation  to  another 278 

Petition  by  corporation  to  circuit  court  to  annex  territory 279 

Notice  of  proceedings  in  circuit  court 280 

Hearing  in  circuit  court 281 

Finding  and  costs  in 282 

Proceeding  by  owner  to  be  annexed 283 

Excluding;  proceedings  for 284 

Map  and  ordinance  showing  annexation  or  exclusion  to  be  recorded  285 

School  districts 288 

Disconnecting  territory 288 

Ordinance  excluding  territory  to  be  recorded 289 

Court  take  judicial  notice  of  changes  in  territory 287,  290 

"Appeal. 

From  clerk  or  comptroller,  on  settlement  of  account 120 

Justice,  etc.,  cognizable  in  city  court 333 

f City  court,  appeals  from  as  from  circuit  courts 339 

Condemnation  proceedings,  appeals  from 513 

On  contest  of  election 422 


Index. 


875 

Appeal.  — continued.  sec. 

Right  of,  on  discharge  of  policemen  or  fireman  by  board 969 

Of  fireman  from  decision  of  board,  action  of  council  final 970 

Apprentice. 

Power  to  prohibit  sale  of  liquor  to cl.  48.  63 

Appropriations. 

Council  make  for  corporate  purposes  only cl.  2.  63 

Yea  and  nay  vote  required 42 

Ordinance,  when  passed 101,  125 

Contents  of 101 

No  contract  without  prior  ordinance 103 

Ordinance  to  include  appropriation  of  territory  annexed 258 

May  fix  compensation  of  officers 97 

Improvement  by  general  tax,  cost  included  in  ordinance 157 

None  to  house  of  correction  without  consent  of  council,  except 

running  expenses 534 

Annual  estimate  of  comptroller,  for 827 

Unexpended  balances 819 

Arbitration. 

Refusal  to  ask  for,  result „ 1240 

For  damaged  building,  when 1238 

Proceedings  as  to,  for  damaged  building 1239 

Areas. 

Buildings,  see 

Power  to  regulate  construction,  repair  and  use «. cl.  57,  63 

Arrest. 

Constable  or  sheriff  may  make 75 


Register  of,  to  be  kept 1000 

Power  of  policeman 1014 

Power  of  food  inspector 960 

Ashes. 

Prevention  of  deposit  on  street cl.  15  63 

Assembly  Public. 

Peaceable,  aright 16 


Assessment. 

Special  assessment,  tax  and  taxation,  see, 
Attorney. 

City  attorney,  state’s  attorney,  see 
Auction  and  Auctioneers. 


Power  to  tax  and  regulate cl.  91.  63 

Auction  sales,  to  be  only  by  licensee,  penalty 1164 


Index. 


876 

Auction  and  Auctioneers. — continued.  sec. 

Official  sales,  no  license  required 1 164 

License  fee 1165 

Occasional  auction  sales,  penalty 1166 

No  auction  sales  on  street 1167 

Upon  street,  alley,  etc.,  prohibited,  penatly 1894 

Auditor  of  State. 

County  clerk  report,  annexation  of  territory  to 257 

On  annexation,  not  to  certify  a rate  of  tax  on  registered  bonds. . . 257 

To  register  municipal  bonds 296 

To  certify  rate  of  taxation,  when 297 

Awnings. 

Regulation  of  on  streets cl.  17,  63 

How  suspended,  obstruction  by 1896 

Badge. 

Porter  to  wear 1789 

Hotel  runner  to  wear 1791 

Wrongfully  wearing,  penalty 1792 

Baggage. 

To  be  carried  by  hacks,  rates  of  charge 1360 

Ball  Alley. 

Power  to  license,  regulate  or  prohibit cl.  44,  63 

Must  be  licensed 1173 

Ball  Playing. 

Power  to  regulate  and  prevent  on  streets cl.  92,  63 

In  streets  forbidden,  penalty 1964 

Ballot. 

Election,  seel 
Bank. 

For  city  deposits,  give  bond 108 

Banners. 

Exhibition  of,  regulation  of cl.  19,  63 

Barbed  Wire  Fence. 

No  barbed  wire  fence  on  street,  penalty 1168 

Refusal  to  remove 1169 

Penalty 117° 

Bathing. 

In  Illinois  river,  penalty 1639 

Bawdy  Houses. 

Power  to  suppress cl.  45,  63 


Index. 


877 

SEC. 

Bell. 

Railroad,  use  of 634 

Benzine. 

Power  to  regulate  and  prevent  storage  of cl.  65,  63 

Bicycle. 

Riding  on  sidewalks,  prohibited 1900 

Billiard,  Pool  Tables,  Etc. 

Power  to  license,  regulate  or  prohibit  tables cl.  44,  63 

Billiard  or  pool  table,  license,  penalty 1171 

Billiard  or  pool  table;  minors,  penalty 1172 

Bagatelle  table,  pin  alley,  license,  penalty 1173 

License  fees  classified 1174 

Bill  Posting. 

Regulate,  on  street cl.  17,  63 

Bill  posting,  license  required 1175 

License  fees 1176 

Obscene  and  immoral  illustrations 1177 

Posting,  prohibited  places 1178 

Bill  poster,  revocation  of  license 1179 

Medical  nostrums  or  skill 1180 

Forbidden  in  parks 1727 

On  fence  or  building,  penalty 1678 

Mutilation  of  amusement  bills,  penalty 1159 

Birds. 

Protection  of,  penalty 1652 

Blacksmith  Shop. 

Power  to  locate  and  regulate cl.  82,  63 

Blacksmith  shop,  permit 1181 

Restriction  of  location 1181 

Conviction,  discontinuance  of  business 1182 

Board  of  Health. 

Power  to  appoint  and  prescribe  duties  of cl.  76,  63 


Establishment  of 927,  938 

Plans  for  drainage  and  plumbing  to  be  filed  with 1341 

Board  of  Police  and  Fire  Commissioners. 

Department  established,  who  to  compose 965 

Powers  and  duties  of 966 

To  remove  for  cause  only 967 

Removals  by,  how  made,  notice,  hearing 968 

Right  of  appeal  from,  where  taken 969 


Index. 


878 

Board  of  Police  and  Fire  Commissioners.— continued.  sec. 

Decision  of  council  on  appeal  final 970 

Final  result,  person  accused,  re-instatement  of 971 

Separate  record,  board  to  keep 972 

City  clerk  to  be  secretary  of  board,  when 973 

Board  of  School  Inspectors. 

Former  charter  as  to,  no  salary 767-777 

Boats. 

License  to  let  for  hire  required 1183 

License  fee,  revocation 1184 

License  to  designate  place  of  business 1185 

License  number  on  boat 1186 

No  letting  to  minors,  exception 1187 

Penalty 1188 

Steam  vessels,  license 1189 

License  fee,  revocation 1190 

Penalty... 1191 

Harbor  master  to  take  charge  of,  when 1445 

Landing  place  for  steam 1442 

Fines,  etc.,  lien  against 1449 

Fines,  charge,  etc.,  against,  how  enforced 1446 

To  occupy  place  assigned  to 1444 

Harbor  master  to  assign  places  for 1443 

License  wharf  boat  required 1456 

Fish  boat,  license  to  keep  required 1457 

Boilers. 

Steam  boilers,  see. 

Power  to  prevent  dangerous  construction cl.  63,  63 

Bonds,  Municipal. 

Council  to  issue  for  borrowed  money cl  5,  63 

Issue  to  meet  maturing,  or  fund  debt cl.  6,  63 

Assumption  of  debt  on,  on  annexation  of  territory 261,  257 

Who  to  execute 303 

New  bonds  for  old  indebtedness 293,  304 

Valuation  of  taxable  property  endorsed  on  bond 294 

Election  upon  question  of  issuing  bonds 295 

Registration  of  bonds 296 

Taxes  to  pay  bonds 297 

Custodian  of  fund 298 

Collection  of  fund,  payment 298 

When  not  paid  on  maturity 300 

Entry  of  payment  by  auditor 301 

Bonds. 

Use  of  premises  upon  giving  bond  in  condemnation  proceedings.  514 


Index. 


879 

Bonds. — continued.  sec. 

By  bank  receiving  city  deposits 108 

Saloon  keepers,  how  taken  and  suit  on 587 

Of  contractor  with  city. 864 

Contractors,  execution  and  approval  of 86; 

Contractor’s  sureties  on,  statements  to  be  filed 879 

Contractor’s  sureties,  qualifications  of 882 

Day  scavenger  to  give 1489 

License  bond,  when  approved  by  mayor 1554 

Digging  up  street,  commissioner  may  require,  when 1936 

Gas  company  to  give,  when 1969 

Second-hand  dealer  to  give  1856 

Junk  dealer  to  give 1864 

House  mover  to  give,  conditions  of 1539 

Contractor  for  blanks,  etc.,  shall  give 1711 

Of  pawnbroker 1734 

To  procure  scavenger’s  license 1837 

To  procure  dram  shop  license 1824 

Plumber  or  drain  layer  to  give,  to  procure  license 1762 

Bonds,  Official. 

Acknowledgement  of,  required 588 

Effect  of  acknowledgement  as  evidence 588 

Release  of  sureties  on 589 

Effect  of  new  bond 590 

Suit  on,  how  brought 592 

Execution  on  judgment,  lien,  levy  of 293 

Sureties  on,  take  effects  of  principal,  when 591 

New  or  additional,  may  be  required,  when 589 

Of  officers  of  house  of  correction 548 

Of  oil  inspector 601 

Police  magistrates  to  give 236 

Of  treasurer  as  to  police  and  fireman’s  fund 624 

Village  trustees  to  prescribe  as  to  officers 232 

All  officers  except  aldermen  to  give  bond 82 


Official,  conditions  of 1694 

Sureties  on,  justification 1695 

Sureties  on,  oath  of 1696 

Acknowledgement  of,  approval 1697 

Of  mayor 788 

Commission  of  public  works  to  give 849 

Of  city  engineer 9oi 

Superintendent  of  streets  to  give 915 

City  attorney  to  give 917 

Comptroller  to  give 810 


Index. 


880 

Bonds,  Official.— continued.  sec. 

Of  comptroller’s  clerks 812 

City  treasurer  to  give,  amount  of 830 

City  treasurer’s  assistants  to  give 832 

City  collector  to  give 840 

Of  superintendent  of  police 977 

Of  captain  of  police 992 

Of  sergeant  of  police 998 

Police  matron  to  give 1007 

Of  policeman 1010 

Pound  keeper  required  to  give 1799 

Of  inspector  of  house  of  correction  1030 

Of  superintendent  of  house  of  correction 1030 

Of  fire  marshal 1044 

Of  assistant  fire  marshal 1061 

Of  city  electrician 1066 

Of  inspector  of  boilers,  etc 1089 

Of  oil  inspector 1123 

Of  superintendent  of  buildings 1 1 3 q 

Of  commissioner  of  health 941 

Food  inspector  to  give 955 

Harbor  master  to  give 1440 

Market  master  to  give 1572 

Weighmaster  to  give 1592 

Bone  Factory. 

Power  to  locate  and  regulate cl.  81,  63 

Bonfires. 

Power  to  regulate  and  prevent cl.  65,  63 

Boundary. 

In  former  charter 766 

Jurisdiction  over  waters 76 

As  to  location  of  cemeteries cl.  79,  63 

As  to  the  health  ordinances 45 

As  to  offensive  business cl.  83,  63 

Bread. 

Power  to  regulate  sale  of cl.  52,  63 

Breach  of  Peace. 

Penalty  for 1674 

Brewer. 

Power  to  tax  and  regulate cl.  91,  63 

Brewery. 

Power  to  locate  and  regulate cl.  82,  63 


Index.  88r 

SEC. 

Bribery. 

Conviction  of,  disqualifies  for  office p,  3 

Alderman  convicted  of,  office  vacated 36,  86,  595 

Penalty 86 

Brick. 

Power  to  regulate  inspection  of cl.  54,  63 

Bridewell. 

House  of  correction,  see. 

Bridges. 

Bridges  and  ferries,  roads  and  bridges,  see. 

Power  to  construct,  repair  and  regulate,  use cl.  28,  63 

To  regulate  opening  and  passing  of cl.  38,  63 

Fast  driving  on.  penalty 307 

Duty  at  railroad  crossing 641 

Speed  of  horses,  etc.,  upon 1537 

Application  of  article 1192 

Fast  driving  on,  penalty 1 193 

Drove,  cattle  or  horses,  limited 1 194 

Steam  engine,  crossing  prohibited 1194 

Unnecessary  delay  in  crossing,  penalty 1195 

Law  of  the  road 1196 

Obstruction  to  passage,  penalty 1197 

Processions,  break  step,  penalty 1198 

Vessel  signals 1199 

Signals  prescribed 1200 

Duty  of  vessels  when  signals  displayed 1201 

Violation,  penalty 1202 

Driving  on,  after  notice  of  opening,  penalty 1203 

Appointment  of  bridge  tenders 1204 

Open  at  all  times 1205 

Compensation  of  tenders 1205 

Tenders  to  enforce  regulations 1206 

Construction  of 909 

Bridges  and  Ferries. 

May  construct  and  maintain 305 

May  purchase  or  lease 305 

Power  to  construct  or  own  within  five  miles  of  limits 305 

All  to  be  free 305 

When  city  may  charge  toll 305 

Control  by  city  ordinances  though  outside  corporate  limits 306 

Bridge  Tenders. 

Appointment  of 1204 

To  enforce  regulations  as  to  bridge 1206 

57 


882 


Index. 


SEC. 

Brokers. 

Power  to  tax,  license  and  regulate cl.  91,  63 

Builders  and  Contractors. 

License  required,  penalty 1207 

Application  for  license 1208 

Agreement  to  be  filed 1209 

Penalties  1210 

Buildings. 

Power  to  regulate  the  construction  of cl.  71-72,  63 


Building  to  accord  with  ordinances,  penalty 1211 

Non-compliance  with  ordinance,  penalty 1212 

Erection  or  repair  of  building,  permit,  penalty 1213 

Ordinary  repairs  excepted 1214 

Dangerous  building,  nuisance 1215 

Dangerous  building,  proceedings  to  abate 1216 

Hearing,  decision,  order 1217 

Failure  to  comply  with  order,  penalty 1218 

Owner  to  pay  costs  of  repairs  or  removal 1219 

Dangerous  condition,  emergency 1220 

Moving  or  raising,  by  licensed  house-mover 1221 

Removal,  permit 1222 

Frame,  when  can  be  moved 1223 

Permits  for  removal,  how  granted 1224 

Fee  for  permit 1224 

Permits,  what  to  specify,  violation  of,  penalty 1225 

Permit  for  erection,  application,  issuance 1226 

Board  to  prescribe  form  of  statement 1227 

Kind  of  buildings  allowed  in  fire  limits 1228 

Wooden  buildings  may  be  repaired 1229 

Moving  wooden  buildings 1230 

Roof  damaged  by  fire,  repairs 1231 

Frame  buildings  may  have  flat  roof 1232 

Coal  sheds  and  privies  in  fire  limits 1233 

Calculation  for  strength  of  material 1234 

Unsuitable  material,  removal  of 1235 

No  building  to  be  altered  until  approved 1236 

When  building  not  to  be  repaired 1237 

Arbitration  for  damaged  building 1238 

Proceedings  by  arbitrators 1239 

Owner  neglecting  to  ask  for  arbitration 1240 

Elevators  for  grain 1241 

Icehouses 1241 

Construction  of  buildings 1242 


Index. 


883 

Buildings.— continued.  sec. 

Depth  of  foundation 1 243 

Piling  1244 

Foundations 1245 

Construction  of  masonry  walls 1246 

Thickness  of  wall  tables 1247 

Height  of  stories 1248 

When  thickness  of  walls  to  be  increased 1249 

Walls  for  trussed  roofs 1250 

Buttresses 1251 

Cut  stone  and  ashiers 1252 

Party  walls 1253 

Openings  in  party  and  division  walls 1254 

Piers  under  lintels,  girders,  plates  and  columns 1255 

Piers  and  buttresses  to  be  bonded 1256 

Columns 1257 

Domes  and  mansard  roofs 1258 

Slate  coverings 1259 

Thickness  of  walls  for  dwellings,  tables 1260 

Height  of  buildings 1261 

Fireproof  buildings 1262 

Fire  walls  in  dwellings 1263 

Fire  walls  in  business  buildings 1264 

Rear  walls  within  fire  limits 1265 

Chimneys  and  flues,  construction  of 1266 

Large  chimneys,  manner  of  construction 1267 

Walls  to  be  anchored  to  joists 1268 

Hollow  walls 1269 

Backing  for  iron  fronts 1270 

Composition  roofs  within  fire  limits 1271 

Skylights  to  be  protected 1272 

Water  leaders  to  be  metalic 1273 

Construction  of  cornices 1274 

Scuttle  to  reach  roof 1275 

What  buildings  to  have  standpipes 1276 

Floors  deadened,  when 1277 

Signs 1278 

Headers,  joists  and  floor  beams 1279 

Fire  places  and  hearths 1280 

Joists  and  beams 128 1 

Support  of  girders 1282 

Hoistways 1283 

Construction  of  elevator  shaft 1284 

Elevator  shafts,  doors  to 1285 

Fire  escapes,  when  required 1286 


Index. 


884 

Buildings.— continued.  sec. 

Walls  not  to  project  beyond  building-  line 1287 

Iron  shutters 1288 

Porticoes  and  oriel  windows 1289 

Smoke  houses,  construction  of 1290 

Buildings  for  storing  petroleum 1291 

Theatres,  means  of  egress 1292 

Means  of  egress  in  other  buildings 1293 

Heating  appliances,  arrangement  of 1294 

Boiler  houses  and  rooms 1295 

Floors  in  boiler  rooms 1296 

Steam  pipes,  protection  of 1297 

Pipes  let  into  joists,  protection 1298 

Walls  to  be  braced  during  erection 1299 

Term  “business  building”  defined 1300 

Terms  defined 1301 

Basement  defined 1302 

Height  of  buildings,  how  measured 1303 

Chimney  not  to  rest  on  wood  work 1304 

Postsand  guy  ropes 1305 

Structures  under  sidewalks,  permit 1306 

Using  street,  permit 1307 

Public  hall  defined 1308 

Permit  to  erect 1309 

Stairways  in 1310 

Exits,  etc.,  from 1311 

Height  above  grade  of  street 1312 

Floors  to  be  fire  proofed 1313 

Partitions  in  theatres,  construction  of 1314 

Application  of  preceding  sections 1315 

Openings  in  halls  heretofore  built 1316 

Ventilator  over  stage 1317 

Water  stand-pipe  on  stage 1318 

Hose  attached  to  stand-pipe 1319 

Other  stand  pipes  required 1320 

Fire  alarm  boxes  in 1321 

Fire  extinguishing  apparatus  required 1322 

Shall  employ  firemen 1323 

Recess,  chase  or  flue 1324 

Side  walls,  how  built 1325 

Buildings  to  have  division  walls 1326 

Furnaces,  permits  to  set 1327 

Construction  of  floors 1328 

Board  partitions,  how  constructed 1329 

Unsafe  Hues,  etc 1330 


Index. 


885 

Buildings.— continued.  sec. 

Distance  from  lot  line 1331 

Distance  between  frame  houses 1332 

Division  walls  in  double  houses 1333 

Distance  between  other  frame  buildings 1334 

Height  limited 1335 

Sills,  how  laid,  foundations 1336 

Sills,  fire  stops,  partitions 1337 

Permits  for  wooden  buildings 1338 

Stone  not  to  be  dressed  on  street 133*9 

Plans  not  to  be  changed  after  permit 1340 

Plans  for  drainage  and  plumbing,  approval  of 1341 

Penalty  1342 

Fire  limits 1343 

Posting  bills  on,  penalty 1678 

Fire  marshal  may  destroy  to  check  progress  of  fire 1055 

Board  shall  inspect  public,  every  six  months 1130 

In  street,  who  to  issue  permit  for 1939 

In  street,  permit  for  required 1938 

Placing,  or  erecting,  in  street,  penalty . 1946 

Moving  in  streets,  signals  required 1943 

Moving  of,  in  street,  notice  to  street  railroad  company 1942 

Moving  of,  in  street,  when  authorized,  by  whom 1941 

Council  to  appoint  person  to  assign  numbers  for 1979 

Numbers  on,  size  of,  how  placed 1978 

Duty  of  owner,  or  occupant  to  number 1980 

Numbering  of,  on  streets,  plan 1977 

Burglar. 

Possession  of  tools  of 1617 

Burial  of  Dead. 

Power  to  regulate cl.  79,  63 

Cemeteries,  see. 

Business. 

Power  to  forbid  offensive  or  unwholesome cl.  83,  63 

Butcher. 

Power  to  regulate  and  license cl.  50,  60 


License  required 1 344 

License  fee,  violation,  penalty 1345 

Cleanliness,  inspection 1346 

Revocation  of  license 1347 

Butcher  defined 1348 

Conveyance  of  refuse,  etc.,  through  streets,  when  permitted,  how 

done 1483 


Index. 


886 

Butchers. — continued.  sec. 

Slaughtering  in  place  of  business,  prohibited 1564 

Scales  used  by,  to  be  regulated  by  inspector 1566 

Butter. 

Power  to  regulate  sale  of cl.  50,  63 

To  provide  for  inspection  of cl.  53,  63 

Cabmen. 

Power  to  tax,  license  and  regulate cl.  42,  63 

Cabs,  Hacks,  Carts,  Express  Wagons,  Etc. 

Power  to  license,  tax  and  regulate cl.  42,  63 

To  prescribe  compensation  of cl.  42,  63 

Right  to  charge  for  use  of,  when  authorized 1349 

Mi^stbe  licensed 1350 

License  fee,  term  of 1351 

Must  be  numbered,  refusal  of  neglect  to  have  on,  penalty 1352 

Licensee  of,  responsible  for  goods,  etc 1353 

Refusal  to  convey  goods  or  passengers  by  owner  or  driver  of, 

penalty 1354 

Duty  of  licensee  of,  penalty 1355 

License  of,  transferable,  how 1356 

Rate  of  charges  of  carts,  etc 1357 

Services  rendered  by  persons  in  charge  of 1358 

Rate  of  charges  of  cabs,  hacks,  etc 1359 

Baggage  allowed  passengers  on  hacks,  etc 1360 

Rates  to  be  posted  in,  demanding  unlawful  fare,  penalty 1361 

Vehicles  excepted  from  ordinance 1362 

Unlicensed  vehicle,  charging  for  use  of,  penalty 1363 

Vehicles  not  to  stand  on  Water  street 1364 

Standing  in  front  of  premises,  consent  of  owner 1365 

Stand  for  express  wagon 1366 

Violation  of  three  preceding  sections,  penalty 1367 

Drivers  of,  to  obey  police 1021 

Fire  carts,  etc.,  speed  of  on  streets 1075 

Fire  carts,  etc.,  not  to  be  driven  on  sidewalk 1076 

Calaboose. 

Power  to  establish  and  regulate cl.  69,  63 

Canals. 

Power  to  cleanse,  etc cl.  40,  63 

Power  to  construct  and  repair cl.  31.  63 

Cars. 

Getting  on,  while  in  motion,  penalty 1662 

Cattle. 

Prohibited  from  running  at  large  in  city 251 


Index. 


887 

Cattle.—  continued  sec. 

Droves  of,  in  streets  limited,  penalty 1959 

Droves  on  bridge  limited,  penalty 1 194 

Cellar. 

Power  to  locate  cleanse  or  abate cl.  84,  63 

Cemetery. 

Power  to  regulate,  establish,  remove  and  prohibit cl.  79,  63 

Jurisdiction  beyond  limits cl.  79,  63 

When  cemetery  may  be  removed  from  city 308 

Power  of  city  to  establish,  acquire  land  for  and  sell  lots  in 309 

Several  cities  may  join  to  acquire 310 

Council  may  lease  or  sell  land  for 31 1 

Control  of  by  corporate  authorities 312 

Census, 

Power  to  take ...cl.  85,  63 

Central  Railway  Company. 

Right  of  way  on  what  streets 2027 

Motive  power,  what  to  be  used 2028 

Poles,  right  to  erect 2029 

Wires,  how  suspended,  poles,  how  set 2030 

Injury  to  wires,  penalty 2031 

Condition  of  grant 2032 

Removal  of  snow  from  tracks 2033 

Switches,  how  laid 2034 

Control  of  streets  reserved  to  city 2035 

Right  to  grant  other  franchises 2036 

Rail,  kind  to  be  used 203Z 

Injuries  to  track,  etc.,  penalty 2038 

Consideration  to  city  for  franchise 2039 

Cars,  how  kept,  operated  and  maintained 2040 

Cars,  time  between 2041 

Cars  to  be  numbered,  etc 2042 

Conductors  required 2043 

Damaged  cars  not  to  be  used 2044 

Rate  of  fares,  transfers  to  what  line 2045 

Stopping  cars  at  crossings 2046 

F ranchise  not  transferable 2047 

Liabilities  for  damages  from  exercising  right 2048 

Rights  of  city  after  nineteen  years 2049 

Removal  of  stables,  etc.,  when 2050 

Franchise  subject  to  forfeiture,  when,  term  of  grant 2051 

Certiorari. 

Issues  from  city  court  to  justices,  etc 333 


888 


Index. 


SEC 

Cesspools. 

Power  to  construct,  repair  and  regulate cl.  29,  63 

Change  of  Name. 

Name,  see. 

Change  of  Venue. 

From  city  court 333 

Cheese. 

Power  to  regulate  sale  of cl.  50,  63 

To  provide  for  inspection  of cl.  53,  63 

Chimney. 

Building,  health,  see. 

Power  to  prevent  dangerous  construction  of cl.  63  63 

Church. 

No  aid  to  from  public  fund p.  20 

Doors  to  open  outward 630 

Penalty  for 631 

When  may  be  closed  by  city  authorities 632 

Circuit  Court. 

Jurisdiction  of  dispute  on  annexation  of  territory .261,  265-266 

Procedure  in,  eminent  domain 503,  51 1 

Change  name  of  town  or  village,  when 321 

Transcript  of  judgment  of  city  court 336 

Fees  for  transcripts 337 

City  court  disestablished,  records  transferred  to 342 

Judges  of  city  court  may  interchange  with  judge  of 327 

Circus. 

Licence  fee  for 1153 

Permit  to  parade,  who  to  issue,  penalty 1951 

Not  to  parade  on  street  without  permit 1950 

Cisterns. 

Power  to  regulate  construction,  repair  and  use <il.  57,  63 

Citizenship. 

Alien,  see. 

City. 

Limitation  of  indebtedness  of p.  22 

How  organized  under  general  law 1 

Courts  take  judical  notice  of  organization 6 

When  city  becomes  organized  under  general  law 3 

General  law  applies,  when 6 

Notice  of  election  to  incorporate  under  general  law 2 

Contiguous  territory,  how  organized 5 


Index. 


889 

City. — continued.  sec. 

Petition  to  organize 5 

County  judge  fix  time  and  place  of  election 5 

Appoint  judges  of  election 5 

Give  notice  of  election 5 

Name  judges  of  election 5 

Canvass  of  returns 5 

Majority  of  votes  for  territory  organized 5 

Vote  as  to  adoption  of  general  law  at  general  or  special  election.  1 

To  incorporate  under  general  law,  result  recorded 3 

Town  organized  as,  entry  on  records 7 

Record  entry  and  canvass  of  votes  on  organization  to  be  recorded  13 

Same  filed  with  secretary  of  state 13 

Incorporation  voted,  certain  officers  act 3 

Town  organized  as,  election  of  officers 7 

Territory  organized  as,  county  judge  to  call  election  of  officers. . . 8 

Canvass  of  returns 8 

Notice  of  election  of  officers 7 

Aldermen  may  be  selected  on  general  ticket 7 

Organization  as,  first  officers,  term 9 

Register’s  office  abolished 14 

Organization  of  as  body  corporate,  name 10 

General  powers  of 10 

Laws  not  inconsistent  still  in  force 6 

Change  of  organization,  ordinances  in  force  until 11 

Legal  identity  not  changed 1 1 

Reorganization  as,  property  vested  in 12 

Liabilities  remain 12 

New  remedies,  cumulative 12 

I 

Change  from  city  to  village 238 

Territory  of  city  organized  as  a town 743,  749 

Annexation  of  one  to  another 254 

Petition,  contents,  etc 254 

Annexation  of  parts,  procedure 255 

Of  parts  or  whole  submitted  together 256 

Assumption  of  debts 257 

Suits,  how  defended  and  prosecuted 260 

Part  of  city  annexed,  apportionment  of  debt,  title  to  property 261 

Annual  tax  levy  apportioned 262 

On  annexation  improvement  of  streets  not  stopped ! 263 

Opening  of  streets  not  stopped 264 

Of  part,  residue  has  use  of  water  works 265 

Of  gas  and  electric  light 265 

Submission  of  disputed  matters 266 

Transfer  of  records 267 


Index. 


890 

City. — continued.  sec- 

Officers  hold  over  until  annual  election 268 

Justices  and  police  magistrates  hold  until  end  of  term 269 

Policemen  and  firemen  retained 270 

Licensing  dram  shops  regulated 271 

Representation  in  council,  wards 272 

Sewerage  and  drainage 273, 

Territory  annexed  to  towns  may  be  annexed  to 274 

Proceedings  to  annex  unincorporated  territory 279 

Annexing  unincorporated  territory 277 

Notice  of  proceedings 280 

Objections,  trial 281 

Proceedings  by  owner  to  be  annexed 283 

Map  and  ordinance  to  be  recorded 28s 

Judicial  notice  taken  of  change  of  territory 287 

Disconnecting  territory,  procedure 288 

Ordinance  recorded 289 

Judicial  notice  taken  of 290 

Election,  who  may  vote  at 51 

Annual 49 

Time  of  holding 49 

Election  of  mayor,  clerk,  treasurer  and  attorney  biennial 50 

Election  of  aldermen  53,  56 

Council,  designate  place  of 57 

Elections,  how  conducted 58 

Tie,  how  determined 59 

Clerk  to  notify  persons  elected  or  appointed 60 

Special  elections 61-62 

Finances  of 100,  124 

Indebtedness  limited p.  22 

Fiscal  year,  commences  when 100 

Appropriation  ordinance,  when  passed 101 

Limitation  of  expenditure 102 

Borrow  money  in  emergency 102 

To  pay  judgment 102 

No  contract  made  without  prior  appropriation 103. 

Duties  of  treasurer 104,  1 1 1 

Of  collector 112,  115 

Of  comptroller 116,  118 

No  warrants  drawn  unless  fund  appropriated 123 

May  anticipate  taxes 124 

Power  to  issue  bonds  and  refund  old  debt 293,  304 

Not  to  aid  private  corporation p.  23 

No  payment  for  sectarian  purposes p.  20 

Power  to  sell  and  convey  property 66a 


Index. 


891 

City.— continued,  sec. 

Apportionment  of  special  assessment  as  to  property  subdivided  21 1 

Annual  tax  levy  to  include  annexed  territory 258 

Taxes,  collection  not  stayed  by  annexation 259 

Road  tax  as  to  city 657 

Power  to  buy  at  tax  sale 185 

Power  to  compel  street  labor  or  commutation . . 77 

Ordinances,  when  in  force,  publication 69-70 

Police  district  a city  is 91 

Certain  officers,  conservators  of  peace 90 

Indemnity  for  damage  by  mob  or  riot 649 

May  impose  fines  and  penalties cl.  96,  63 

Fines  and  license  fees,  paid  to  treasurer 72 

May  contract  with  county  as  to  use  of  house  of  correction 539 

County  board  not  to  issue  liquor  license  in 584 

Compel  erection  of  fire  escapes 525 

Location  of  horse  etc.,  railway,  consent  essential 530 

Consent  subject  to  police  power 531 

No  street  railroad  without  consent  of p.  23 

Railroad  train  starting  without  signal 636 

Speed  of  trains  through  city 646 

Alien,  employment  of  unlawful 245 

Contractor’s  certificate,  liability... 248 

Disbursing  officer  paying  public  funds  to,  liability 247 

Waterworks,  power  to  supply  water 750 

Contracts,  how  let 750 

Joint  contract  allowed 750 

Members  of  council  etc.,  to  have  no  interest 750 

Borrow  money,  levy  and  collect  tax 751 

Acquisition  of  property  for 752 

Make  rules  for  and  assess  and  collect  water  rates 753 

Special  assessment  for  pipe  laying 754 

Water  fund  kept  distinct,  application  of 755 

Statute  when  not  to  apply 756 

Bonds,  assessment  payable  in  installments 757 

Power  to  contract  for  water 760 

Power  to  extend  system 763 

Water  fund  and  light  tax 764 

City  Attorney. 

Elective  officer 79 

Elected  biennially 50 


Bond  of 917 

Duties  of 918 

May  dismiss  prosecution,  when 919 


Index. 


892 

City  Attorney.— continued  sec. 

To  appeal  case  from  inferior  court,  when. 920 

To  cause  executions  to  issue,  certify  fee  bills,  etc 921 

Collection  of  fines,  etc.,  payment  to  treasurer,  of 922 

Docket  of  causes,  to  keep 924 

Annual  report 925 

Recommendations  to  council,  when 926 

City  Clerk. 

Elective  officer 79 

Elected  biennially 50 

Hold  no  other  office 87 

Duties  of 88 

Certified  copy  of  record  evidence 88-89 

Mdy  administer  oaths 99 

♦May  appoint  subordinates,  when . 121 

Election  returns  deposited  with 58 

Notify  persons  elected  or  appointed  to  office 60 

Trustee  of  policeman  and  fireman’s  fund 622 

File  treasurer’s  bond  for  police,  etc.,  funds 624 

Countersign  warrants  on  police,  etc,,  funds 625 

Give  notice  of  election,  city  to  change  to  village 238 

Draw  warrant  for  collection  of  special  assessments 175,-176,  202 

File  with  county  clerk  ordinance  apportioning  debts,  etc.,  on  an- 
nexation of  territory, 261 

Record  ordinance  disconnecting  territory 289 

Publish  treasurer’s  annual  report 109 

Countersign  warrants  on  treasury no 

Publish  collector’s  annual  report .* 113 

Supervise  financial  officer,  when 116 

Comptroller  performs  clerk’s  financial  duties 117 

Register  of  city  bonds,  when 118 

Attest  bonds  issued 303 

Duty  as  to  building  sidewalk  by  special  tax 719 

Report  of  delinquent  taxes  as  evidence 719 

Clerk’s  to  report  delinquent  special  tax 719 

Appeal  from  on  settlement  of  accounts 120 


To  issue  notices  to  members,  etc.,  when cl.  1,  804 

Attest  license  issued,  how cl.  2,  804 

Resolutions,  etc  , to  deliver cl.  3-4,  804 

Report  of  attendance  of  aldermen  to cl.  5.  804 

May  appoint  deputy,  powers  of cl.  6,  804 

Pay  over  funds  to  treasurer,  when cl.  7,  804 

Monthly  report  to  comptroller,  when cl.  7,  804 

To  record  revocation  of  license 1 795 


Index. 


893 

City  Clerk. — continued.  sec- 

To  be  secretary  of  board  of  police  and  fire  commissioners 973 

Fees  of,  for  issuing  licenses 1556 

Duty  of,  to  register  licenses 1555 

City  Collector. 

Council  may  provide  for  office  of 80 

His  duties 112 

Reports  to  council 113 

Not  to  detain  money,  penalty 1 14 

Inspection  of  accounts 115 

Council  may  prescribe  other  duties 119 

Appeal  to  finance  committeee  as  to  settlement 120 

May  appoint  subordinates,  when 121 

Warrants  authorizes  collection  of  special  assessments  by 176 

Notice  of  special  assessment 177 

Mode  of  collection 178 

Notice  of  special  assessment  by  installments 200 


Office  created 838 

Appointment  of 839 

Bond  of 840 

Duties  of 841 

Daily  payment  to  treasurer 842 

Monthly  statement  to  comptroller 843 

Books  of  account,  how  kept 844 

City  Comptroller. 

Council  may  create  the  office 80 

Powers  and  duties  of 116 

Council  may  define  duties 117 

Shall  perform  all  city  clerk’s  financial  duties 117 

Estimates  before  annual  appropriation  bill 116 

Appeal  from  on  settlement 120 

May  appoint  subordinates,  when 121 

Trustees  of  police  and  fireman’s  fund 622 

Sign  warrants  drawn  on  fund 625 

Office  of,  created 808 

Appointment  of 809 

Bond  of 810 

Clerks  of,  who  to  appoint 81 1 

Clerks  of,  bond  to  be  given  by 812 

Duties  of  comptroller 813 

Records  to  be  kept4by 814 

Settlement  of  claims  by,  when 815 


Index. 


894 

City  Comptroller. — continued.  sec. 

Claims  to  be  verified 816 

Warrants,  record  of  to  be  kept 817 

Appropriation  exhausted,  notice  to  council 818 

Unexpended  appropriations,  transfers  of,  when 819 

Accounts  of,  record  of,  how  to  be  kept 820 

Public  improvements,  contracts  to  be  filed  with 821 

Contracts  to  be  countersigned  by 822 

Sales,  special  tax,  etc.,  comptroller  to  attend 822 

Licenses,  register  of,  to  be  kept  by. . 823 

To  require  monthly  reports  of  officers 824 

Monthly  statement  by  comptroller  to  council 825 

Annual  statement  by,  to  city  council 826 

Estimates  for  annual  appropriations  by 827 

Annual  settlement,  when  made,  report  of . 828 

Expiration  of  term  of  office,  duty  of 829 

City  Council. 

Territorial  jurisdiction  of 45 

Over  waters 76 

Members  of,  elective  officers 79 

Composed  of  mayor  and  aldermen 30 

Number  of  aldermen 31 

Term  of  office 32 

Vacancy  filled  by  election 33 

Qualifications  of  aldermen 34 

Chairman  of  police,  fire  and  water  committees,  trustee  of  police 

and  firemen’s  fund 622 

Divide  city  into  wards 52 

Designate  places  for  and  persons  to  conduct  election  for  aider- 

men 57 

Canvass  returns  of  election,  to  incorporate  under  general  law....  3 

For  aldermen 58 

How  conducted 58 

Failure  to  elect  officer,  call  special  election 62 

Judge  of  election  and  qualification  of  members 35 

Determine  rules  of  procedure 36 

Right  of  expulsion 36 

Quorum  (see  Quorum) 37 

Compel  attendance  under  penalty 37 

Prescribe  time  and  place  of  meetings 38 

Temporary  chairman,  when 39 

Sit  with  open  doors 40 

Clerk  attend  meetings 88 

Keep  journal  of  proceedings 41 

Special  meetings,  who  may  call 46 


Index. 


895 

City  Council. — continued.  sec. 

May  create  certain  offices 80 

Authorize  appointment  of  subordinate  officers 121 

Power  as  to  election  or  appointment  of  officers 80 

Consent  to  appointment  of  officers 81 

Define  duties  of  officers 81 

Prescribe  duties  of  financial  officer 119 

Fix  compensation  of  officers 96 

Mayor’s  office  vacant,  elect  successor  when 17 

Mayor  pro  tern,  elect  when 18 

Mayor  preside  at  meetings,  with  casting  vote 20 

Mayor’s  removal  of  appointed  officer,  disapproval  of 21 

Mayor  to  inform  and  recommend  to 26 

Report  release  of  prisoners  to 23 

Prescribe  place  of  holding  city  court 224 

Change  of  name  of  city,  procedure 313,  321 

Submit  to  vote  question  of  incorporation  under  general  law 1 

Act  on  petition  to  change  from  city  to  village 238 

Apportion  debt  of  annexed  territory 261 

Representation  of  annexed  territory  in 272 

Pass  ordinance  to  disconnect  territory 288 

Submit  question  of  licensing  saloons,  when 271 

Ordinances,  style  of 68 

Vote  by  “yea  and  nay”  when  required 42 

Three-fourths  vote  required  to  vacate  street,  etc 722 

Rescission  of  vote,  when  forbidden 43 

Committee  report,  when  deferred 44 

Ordinance,  approval  or  veto 47 

Reconsideration,  passage  over  veto 48 

When  in  force,  publication,  when 67 

Estimated  cost  of  improvement,  how  made 161 

Direct  proceedings  to  assess  cost 162 

Ordinance,  how  proved 70 

Action  to  enforce  penalties,  how  brought 241 

Punishment  of  violators 242 

Justice  of  peace,  jurisdiction  of  offense 74 

Police  magistrates,  jurisdiction  of  offenses 74 

Process,  service  of 90 

Revision  of  ordinances,  when 29 

Determine  compensation  of  revisors  of  ordinances 29 

Powers  granted 63 

Amusements,  license,  tax,  and  regulate,  etc cl.  41,  63 

Regulate  places  of cl.  58,  63 

Prevent  and  regulate  on  street cl.  92,  63 

Animals,  restrain  from  running  at  large cl.  80,  63 


Index. 


896 

City  Council.—  continued.  SEC. 

Animals,  punish  cruelty  to cl.  73,  63 

Bread,  regulate  sale  of cl.  52,  63 

Breweries,  etc.,  locate cl.  82,  63 

License..... cl.  91,  63 

Bridewell,  establish cl.  69,  63 

Buildings,  regulate  construction  of cl.  61,  63 

Close  public,  when 632 

Business,  license  certain cl.  41-44,  63 

Tax,  license  and  regulate  certain cl.  91,  63 

Unwholesome,  prohibit cl.  83,  63 

Unwholesome,  compel  removal cl.  84,  63 

Cemeteries,  regulate  and  remove cl.  79,  *63 

Removal  of 308 

May  lease  or  sell  land  for 31 1 

Control  of 312 

Census,  take cl.  85,  63 

Order  taking  of cl.  85,  63 

Chimneys;  regulate  construction  of cl.  63,  63 

Stoves,  ovens,  boilers,  etc.,  regulate cl.  63,  63 

County  jail,  use cl.  70,  63 

Dogs;  tax cl.  80,  63 

Engine  houses,  erect cl.  64,  63 

Ferries  and  toll  bridges,  establish,  regulate  and  license cl.  87,  63 

License,  regulate  and  acquire 305 

Construct,  etc 305 

Control 306 

Combustibles  and  fireworks,  regulate  storage cl.  65,  63 

Finances  and  property,  control cl.  1,  63 

Appropriate  money  and  provide  for  debts cl.  2,  63 

Pass  appropriation  ordinance,  when 101 

Levy  and  collect  taxes cl.  5,  63 

Regulate  the  issue  and  revocation  of  licenses cl.  4,  63 

Borrow  money  and  issue  bonds cl.  5,  63 

In  emergency 102 

To  pay  judgment 102 

Issue  bonds  to  meet  maturing  bonds  or  funding  debt cl.  6,  63 

Right  to  inspect  treasurer’s  account 104 

Treasurer’s  reports  to 107 

Inspection  of  collector’s  accounts 115 

Collector’s  reports  to 113 

Comptroller’s  annual  estimate 116 

May  define  duties  of  comptroller 117 

Comptroller’s  annual  report 116 

Collector  or  treasurer,  on  settlement  appeal  to 120 

Fire  department,  provide  for cl.  64,  63 


Index. 


897 


SEC. 

63 

63 

63 

63 

63 

63 

532 


City  Council. — continued. 

Fire  escapes,  regulate cl.  61, 

Fire  limits,  prescribe cl.  62, 

Forestalling  and  regrating,punish ...  cl.  51, 

Health,  establish  board  of cl.  76, 

Make  regulations  as  to cl.  77, 

Hospitals,  establish cl.  77, 

House  of  correction,  establish cl.  69.  63, 

Appointment  of  inspectors 533 

Annual  report  to  council 536 

Houses  of  illfame  and  for  gambling,  suppress cl.  45,  63 

Intoxication  and  disorderly  conduct,  prevent cl.  59.  63 

Itinerant  merchants,  tax  regulate  and  prohibit 65 

Junk,  and  second-hand  dealers,  tax,  license  and  regulate.  ..cl.  95,  63 

Landings  and  levees,  may  lease 550—55 1 

Protect  from  overflow 552 

Tolls,  grade,  etc 561 

Libraries  (public),  establish 565 

Appointment  of  directors 566 

Removal  of  directors 567 

One  member  of  council,  only  eligible  as  director 566 

Directors’  reports 571 

Council  may  prescribe  penalties  for  injury  to  library  572 

Lumber  yards,  regulate cl.  93,  63 

Markets,  establish cl.  49.  63 

Merchandise,  inspect cl.  54,  63 

Mills,  mill  races  and  feeders,  authorize  construction cl.  88,  63 

Nuisances,  define  and  abate cl.  75, 

Officers,  establish  relations  between cl.  71, 

Ordinances,  pass  with  penalties  to  effectuate  powers cl.  96, 

Packing  and  rendering  houses,  etc  .locate  and  regulate cl.  81. 

Partition  fences  and  party  walls,  regulate cl.  6 rj 

Police,  regulate  and  prescribe  duties cl. 

Ordinances,  pass ch 

Provisions,  cotton  and  tobacco,  inspect / ] 

Regulate  sale  of / cl. 

Publications,  prohibit  sales  of  immoral 

Public  buildings,  erect 

Close  when 

Railroads,  open  street  or  sewer  through  land  of.^/ ci  gg 

Grant  to  lay  track  on  streets  on  petition . cj 

Riots,  suppress 

Spiritous  liquors,  regulate  and  license  sal  j c],  46,48 

Permit  druggist  to  sell cl.  46, 

License  dramshops 


cl.  66,f6s> 

63 

f.  66. 

63 

53. 

63 

••/.cl.  50, 

63 

/..cl.  45, 

63 

....Cl.  86, 

63 

632 

....cl.  89, 

63 

63 

63 

.cl.  46,  48, 

63 

63 

583 

58 


Index. 


898 


City  Council.— continued.  SEC. 

Steam  boilers,  inspect...  cl.  67,  63 

Examination,  regulation  and  licensing  of  engineers 66-67 

Streets,  wharves,  grounds  etc.,  lay  out,  altar,  grade,  improve, 

etc cl.  7,  63 

Vacation  of 722 

Require  inhabitants  to  labor  on 77 

Plant  trees  on cl.  8,  63 

Regulate  use  of cl.  q,  63 

Prevent  and  remove  encroachments  or  obstructions  of. cl.  10,  63 

Prevent  hoop  rolling,  ball  playing,  etc.,  on cl.  92,  63 

Provide  for  lighting,  etc cl.  11,  63 

Cleansing  streets,  etc cl.  12,  63 

Regulate  openings  for  gas,  etc cl.  13,  63 

Construct  sewers,  drains,  etc cl.  29,  63 


Construct  sewers,  etc.,  by  special  assessment 347 

Power  to  contract  between  cities  for  sewerage 349~35° 

Power  to  construct  pumping  works 346 

Regulate  use  of  sidewalks  and  space  beneath cl.  14,  63 

Prevent  injury  to  or  throwing  offensive  matter  on  street  .cl.  15,  63 

Provide  and  regulate  cross-walks,  curbs  and  gutters. . .cl.  16,  63 

Regulate  signs,  posts,  awnings,  bill  posting,  etc cl.  17,  63 

Regulate  banners,  placards,  etc cl.  18.  63 

Prevent  flag  or  sign  flying cl.  19,  63 

Regulate  traffic  and  sales  on cl.  20,  63 

Regulate  speed  of  animals,  vehicles  and  trains  on cl.  21,  63 

Regulate  house  numbers cl.  22,  63 

Name  streets cl.  22,  63 

Construct  bridges,  viaducts  and  tunnels cl.  28,  63 

Cede  for  pleasure  drives 728 

Grant  use  of  for  elevated  railroad,  when 736-737 

Horse  railways,  regulate  and  permit cl.  23,  63 

Change  location  and  grade  railroad  crossing cl.  24,  63 

ower  at  to  railroad  companies cl.  26-27,  63 

;s,  to  contract  for cl.  94,  63 

amount  of  appropriation  ordinance 1215 

beggars  and  prostitutes,  punish cl.  74,  63 

ips,  sewers,  gutters  and  areas,  regulate cl.  57,  63, 

to  supply 750 

752 

levy  tax  to  pay  for  works 751 

ffiitants 753 

esssment 754 

760 

764 


Index. 


899 

•City  Council. — continued.  sec. 

Water  courses,  widen,  dock,  cover  or  change cl.  30,  63 

Private  ponds,  cleanse  and  fill cl.  40,  63 

Waters,  construct  canals  or  slips cl.  31,  63 

Docks,  wharves,  etc.,  construct  and  regulate cl.  32,  63 

Anchorage  of  water  craft,  control cl.  33,  63 

Tugs,  license  and  regulate cl.  34,  63 

Wharfage,  fix  rates  of cl.  35,  63 

Wharfage,  collect cl.  37,  63 

Harbor  and  bridges,  regulate  use  of cl.  38,  63 

Harbor  master,  appoint cl.  39,  63 

Weights  and  measures,  inspect  and  seal cl.  55,  63 


Regular  stated  meetings  of 796 

Special  meetings,  who  may  call 797 

Special  meeting,  reconsideration  of  vote 798 

Members,  non-attendance  of 799 

Standing  committees  of,  how  apppointed 800 

Report  of  committee  of.  action  on  deferred,  when 801 

Committees  of,  to  attach  papers  to  report 802 

Aldermen,  compensation  of 803 

Try  contested  election  of  aldermen 1398 

•City  Courts. 

Style  of 322 

Jurisdiction  and  practice  prescribed 322 

As  to  compulsory  education 709 

Seal  of  and  payment  for 323 

Place  of  holding,  how  fixed,  changed  when 324 

Stationary  for  use,  city  provide 325 

Judge,  election,  qualification,  term,  powers  of,  vacancy 326 

Judge  may  exchange  with  circuit  judge 327 

Clerk,  election,  term,  fees,  vacancy 328 

Sheriff,  duties  as  in  circuit  court 329 

State’s  attorney,  duties  of 329 

Pro  tern,  when 329 

Master  in  chancery,  appointment,  powers,  term 330 

Terms  of  court,  regular  and  special. 33! 

Adjournments 332 

Appeals  from  justices,  certiorari 333 

Recognizances,  returnable  to 334 

Changes  of  venue 333 

Writs,  orders,  judgments,  etc.,  lien  of 336 

Transcript  book  in  circuit  courts 337 

Fees  on  in  circuit  court 338 

Appeal  or  error,  to  supreme  court 339 


Index. 


900 

City  Courts.— continued.  sec. 

Juror’s  fees,  how  paid 340 

Prior  city  courts  continued 341 

Courts,  how  established  or  discontinued 342 

Election  of  judge  and  clerk 343 

Salary  of  judge  fixed 344 

Of  state’s  attorney 343 

City  Deposit. 

In  bank,  bond  for 108 

City  Electrician. 

Office  created,  term 1064 

Qualifications  of,  appointment 1065 

Bond  of 1066 

Authority  of 1067 

To  control  signal  boxes,  etc 1068 

To  keep  records,  how  to  be  kept 1069 

Duties  of 1070 

To  keep  record  of  electrical  examinations 1415 

Inspection  fee,  for  motors,  lights,  etc 1414 

To  inspect  electric  wires  in  buildings 1412 

City  Employes. 

Lawful  days  work,  what  shall  constitute 1368 

Exceptions  to  rule 1369 

Cases  of  emergency,  extra  pay  of 1370 

Saturday  vacation  of 1371 

Exceptions  as  to 1372 

City  Engineer. 

Office  of,  established,  engineer,  how  appointed 900 

Bond  of 901 

Qualifications  of 902 

Duties  of 903 

Surveying  of  streets 904 

Survey  to  be  made  by  engineer 905 

Records,  how  kept 906 

Fees  of,  surveying,  etc 907 

Cost  of  repairing  streets,  to  estimate 893 

When  to  make  estimate,  how  made 894 

Fees  for,  limit 895 

Other  duties 908 

Bridges,  viaducts,  construction  and  repairs,  control  of 909 

Assistants,  appointment  of 910 

Rules  and  regulations 91 1 

Monthly  report,  to  whom  made 912 

Fees  for  estimating,  limit 895 


Index. 


901 


Cjty  Engineer. — continued.  seci 

To  estimate  cost  of  repairing  streets 893 

Estimate  for  replacing  street,  where  to  make 894 

Sidewalks  built  under  supervision  of 1878 

To  give  grade  of  sidewalks,  etc.,  when 1878 

To  control  construction  of  viaducts 909 

City  Hall. 

Superintendent  of  police,  custodian  of 982 

City  Marshall. 

City  council  may  provide  for 80 

Prescribe  his  duties 80 

Have  common  law  powers  of  constable 80 

A conservator  of  the  peace 90 

City  Prison. 

Bridewell,  house  of  correction,  see. 

Detention  of  defendants  in 334 


Establishment  of,  location 1024 

Keeper  of... 1025 

Inmates  of,  in  whose  custody 1026 

Food  and  drink  of  inmates 1027 

Records  of,  who  to  keep,  how  kept 1028 

City  Treasurer. 

Elective  officer 79 

Elected  biennially 50 

Cannot  be  his  own  successor 50 

Bond  of 82 

Oath  of 82 

Not  to  hold  any  other  city  office 87 

Receive  all  corporate  funds 104 

Books,  etc.,  open  to  inspection 104 

Separate  account  of  each  fund  appropriated 105 

Deliver  receipts  to  each  person  paying 106 

Monthly  report 107 

Register  of  payments 107 

Warrants  and  vouchers 107 

Deposit  of  funds,  separate  from  his  own 108 

Removal  from  office 108 

Annual  report,  to  be  published 109 

Pay  money  only  on  warrants no 

Keep  special  assessment  fund  separate in 

Library  fund  to  be  kept  separate 569 

Fines,  etc.,  payment  to 72 

Taxes  collected  in  annexed  territory,  paid  to 259 


902  Index. 

City  Treasurer.— continued.  sec. 

Pay  fees  of  jurors  in  city  court 340 

Payment  of  fund  to  alien  employe,  liability 247 

County  treasurer  pay  over  taxes  collected  weekly . 126 

Council  may  prescribe  other  duties 119 

Appeal  to  finance  committee  as  to  settlements 120 

May  appoint  subordinates,  when I2r 

Custodian  of  police  and  fireman’s  fund 624 

Trustee  of  fund 622 

Bond  as  custodian  of  fund 624 

Set  apart  certain  moneys  for  fund 621 

Receive  and  pay  out  moneys  of  fund 628 

Payments  from  police  and  fireman’s  fund,  how  made 628 

Bond  of 830 

Assistants  of,  appointment  of 831 

Assistants’  bonds 832 

Duties  of  treasurer 833 

Register  of,  how  kept,  warrants  cancelled 834 

Report  of  defalcation 835 

Books  of  account,  how  to  be  kept 836 

Annual  report,  how  and  when  to  be  made 837 

Claims. 

To  be  audited  by  comptroller 815 

Verification  of 816 

Clerk  of  Circuit  Court. 

Keep  record  of  transcripts  of  city  court 337 

Transcript  fees 338 

Clerk  of  City  Court. 

City  court,  see. 

Clerk  of  Court. 

Duty  as  to  condemnation  proceeding 507 

Coal. 

Power  to  inspect  and  weigh cl.  54,  63 

Wagons,  stands  for 1589 

Where  weighed,  certificate  of  weight 1595 

Not  to  remain  on  sidewalk,  penalty 1893 

Coal  Oil. 

Power  to  regulate  and  prevent  storage  of cl.  65,  63 

Cock  Fights. 

Power  to  prevent cl.  59,  63 

Keeping,  or  using  place  for,  penalty 1641 


Combustibles. 

Power  to  regulate  storage  of cl.  65,  63 


Index. 


903 


SEC. 

Commissioner  of  Health. 

Office  created,  term  of 939 

Appointment  of 940 

Qualifications  and  bond  of 94 1 

Sanitary  control 942 

Advice,  contagious  disease 643 

Nuisances,  duties  and  powers 944 

Nuisances,  abatement  of,  penalty 945 

Contagious  disease,  notice  of,  penalty  for  removal 946 

Contagious  disease,  care  of  patients 947 

Record  of  births,  deaths,  etc.,  to  keep 948 

Births,  return  of  to  commissioners,  penalty 949 

Burial  permits,  to  issue  by,  penalty 950 

Burial  permits,  application  for 951 

To  keep  register,  how,  make  monthly  reports  to  council,  certifi- 
cate of  births  and  deaths  to  county  clerk  952 

Commissioner  of  Public  Works. 

Office  of,  created 846 

Appointment,  term  of 847 

Qualifications  of 848 

Bond  and  oath  of 849 

Powers  of,  appointment  of  clerks,  etc 850 

Assistants,  etc.,  of  responsible  for  acts  of 851 

Duties  of 852 

Further  duties  of 853 

Expenditures  to  control  and  direct . 854 

Expenditures  certified  to  council  by,  when 855 

Improvements  by  special  assessment  to  be  certified  to  council  by, 

when 856 

Improvements,  control  of  by 857 

Plans,  profiles  and  specifications  to  be  on  file  in  office  of 858 

To  advertise  letting  of  contracts,  when 859 

Shall  let  contract  to  lowest  responsible  bidder 859 

Manner  of  advertising  for  bids 860 

Requirements  of  bids  to 861 

Manner  of  letting  contracts  of  five  hundred  dollars  and  under 862 

How  to  execute  contracts 863 

Contractor’s  bond  to  be  kept  in  office  of 864 

Shall  sign  all  contracts  for  public  improvements 865 

Shall  have  charge  of  street  cleaning 866 

How  to  let  contracts  for  street  cleaning 867 

Emergency  contracts,  how  let 869 

Finally  pass  upon  proper  performance  of  contract 870 

May  grant  estimates,  per  cent,  reserved 871 


904  Index. 

Commissioner  of  Public  Works.— continued.  sec. 

May  perform,  or  complete  work,  when 873 

Shall  require  contractor  to  provide  proper  signals,  or  barriers  . . . 874 

May  provide  for  pay  to  workmen 878 

Statement  of  sureties  on  bonds,  to  be  filed  with 879 

To  approve  contractor’s  bonds 881 

Not  to  be  interested  in  contract,  when 883 

Annual  report  of,  to  council 884 

Statement  of,  to  comptroller 885 

Books  of  account  of,  how  kept 886 

Custody  and  repairs  of  sewers,  etc 887 

Grant  permits  to  connect  with  sewer 888 

To  grant  permits  for  private  sewers,  when 890 

Permits  for  sewer  connection 892 

Street  dug  up,  cost  of  repairing,  to  be  deposited  with 893 

To  direct  engineer  to  make  estimate  replacing  street,  when 894 

Shall  keep  record  of  permits 896 

Special  funds,  to  be  certified  by 897 

Further  reports  of,  when  to  be  made 898 

To  prescribe  rules  and  regulations  of  employes  of 899 

Plumbers,  etc.,  to  report  to,  when 1763 

Excavating  about  without  permit  from 1875 

May  control  width  of  sidewalk,  when 1877 

To  remove  dangerous  sidewalk 1883 

May  grant  permit  to  use  space  under  sidewalk 1884 

May  annul  permit  to  use  space  under  sidewalk,  when ...  1885 

Fee  for  permit  to  use  space  under  sidewalk 1886 

Cause  obstructions  to  be  removed  from  sidewalk,  when 1901 

To  notify  railroad  company  to  repair  bridge  or  culvert,  when  . . 1927 

To  grant  permit  to  lay  pipes  in  street 1934 

To  grant  permit  to  open  street,  when 1935 

May  require  bond  before  granting  permit  to  open  street 1936 

To  repair  sudden  casualty  in  street 1937 

To  grant  permit  to  occupy  street  for  building  purpose 1938 

May  revoke  permit  to  occupy  street  for  building  purpose 1940 

To  remove  obstructions  from  street,  etc.,  when 1947 

Obstructing  streets  for  repairing  or  paving,  to  grant  permit  for.. . 1949 

To  supervise  laying  of  gas  mainsand  service  pipes 1969 

May  grant  permission  to  open  paved  street,  when 1975 

Shall  have  control  of  telegraph  and  telephone  poles 1997 

May  grant  permit  to  set  trees  along  sidewalk  line ..  2001 

May  grant  permit  to  destroy  tree  in  street 2004 

To  supervise  plumbers’  work  in  streets 1765 

To  have  charge  of  parks,  etc — 1721 

To  appoint  bridge  tenders 1204 


Index. 


905 


Commissioner  of  Public  Works, — continued.  sec. 

To  provide  vessel  signals H99 

Compensation. 


Eminent  domain,  fees  and  salaries,  see. 


Complaint. 

Form  of 1 771 

Amendment  of 1 77° 

Commitment. 

Limit  of  term 1774 


Concealed  Weapons. 

Prohibit  and  regulate 

Carrying  of  prohibited,  penalty 

Confiscation  of 

Permit  to  carry 

License  to  carry,  fee  for 

License  to  carry,  contents  of  license 

Conservator  of  Peace. 

Mayor’s  power  as 

Certain  officers  declared  to  be 

Constable. 

Village  constable,  see. 

Election  of 

Reside  in  district  of  election 

May  serve  process  of  arrest 

Arrest  for  fast  driving  on  bridge 

Constitution. 

Bailable  offenses 

Arrest  and  detention 

Grade  of  penalty 

Eminent  domain 

Public  assembly 

Disqualification  for  office 

State  aid  prohibited 

Special  and  local  legislation  prohibited 

Release  of  obligation  prohibited 

Officer,  term  not  to  be  extended 

Drainage 

Oath  of  office 

Judicial  powers 

Justices  of  the  peace,  etc 

Officers,  residence  and  compensation  . . 
Process 


cl  63,  63 

1373 

1374 

1375 

1376 

13  77 


22 

90 


. .p. 

18 

. p. 

18 

75 

307 

.p. 

15 

. .p. 

i5 

. p. 

i5 

• -p- 

16 

. .p. 

16 

. .p. 

16 

p 

16 

.p. 

16 

• p- 

1 7 

. .p. 

18 

• p 

18 

. p. 

18 

p. 

18 

• p- 

18 

• p- 

19 

19 

Index. 


906 

Constitution—  continued.  sec. 

Right  of  suffrage p.  19 

Vote  by  ballot p.  20 

Privileges  of  electors p.  20 

Electors,  excluded  persons p.  20 

Officers,  excluded p.  20 

No  aid  to  churches  or  private  schools p.  20 

School  officer  not  to  be  interested  in  contract p.  20 

Exemption  from  taxation p.  21 

Release  from  tax  prohibited p.  21 

Municipal  taxation p.  21 

Special  assessment p.  21 

Taxation  by  state  for'municipal  purposes  prohibited p.  21 

Officers  municipal,  eligibility  and  compensation p.  22 

Limitation  of  indebtedness p.  22 

Use  of  streets  for  railroad p.  23 

Corporations,  municipal  aid  to  prohibited p.  23 

Construction  of  Ordinances. 

Minimum  fine,  onlv  expressed 1715 

Election  between  two  penalties 1714 

Penalty  not  expressed 1718 

Repeal  of  repealing  ordinance 1716 

Words,  how  construed 1717 

Contagious  Disease. 

Removal  of  infected  persons 932 

Boats  may  be  quarantined 933 

Power  of  board  to  enter  infected  house ....  934 

Disposal  of  infected  clothing 935 

Duty  of  health  commissioner  as  to 943 

Notice  of,  removal  of,  penalty 946 

Care  of  patients <547 

Physician,  etc.,  to  make  report  of,  penalty 1462 

Person  having,  to  keep  off  streets,  penalty 1463 

Physician,  nurse,  etc.,  to  disinfect  cloths,  penalty 1464 

Bringing  into  city,  penalty 1465 

Entering  houses  forbidden,  except,  penalty 1466 

Deaths  from,  burials,  attending  funerals 1467 

Vacation  of  premises  enforced,  when 1468 

Contract.  9 

Official  paper,  see. 

General  power  of  city  to 10 

Supplies  to  be  furnished  by cl.  94,  63 

Officer  to  have  no  interest  in,  of  city  or  village 85 

No  liability  without  prior  appropriation 103 

School  officer  not  to  have  interest  in p 20 


Index. 


907 

Contract. — continued.  sec. 

Payable  from  special  assessment,  paid  only  so 189 

To  construct  waterworks,  how  let 750 

For  water  supply  between  cities 760 

For  sewerage  and  drainage,  how  let 350 

Sewerage  between  cities,  etc 349 


Annual,  for  printing  and  blanks 1704 

Award  of 1706 

Advertising  and  letting 1707 

Based  on  special  assessment 872 

Forfeiture,  per  cent,  reserved 876 

Violation  of,  penalty. 877 

Interest  in  by  mayor,  commissioners,  etc 883 

Comptroller  to  keep  list  of 821 

Bids  for,  how  made 861 

Advertisement  for  bids 860 

How  let 859 

Of  five  hundred  dollars  and  under,  how  let 862 

How  executed  863 

On  emergency,  when  authorized 869 

Letting  of,  rights  reserved  to  commissioner 870 

For  cleaning  streets,  how  let 867 

Estimates  on,  percent  reserved 871 

Contractor. 

Employment  of  alien  prohibited 245 

Ascertain  as  to  non-lienage  of  employe 246 

False  certificate,  penalty 248 

Alien  employed,  on  discovery  discharged 249 


Default  of 873 

Liability  of 874 

Indemnity  bond  of 875 

Payment  to  workmen  on  account  of,  when 878 

Bonds  of,  statement  of  sureties 879 

Bonds  of.  qualifications  of  sureties 882 

Corner  stone,  tampering  with  penalty 1681 

Corporate  seal,  city  clerk  to  attest  with 804 

Corporation. 

State  aid  to  prohibited p.  16 

Municipality,  not*to  aid  or  subscribe  to p.  23 

No  release  of  obligation  to  by  state p.  17 

Corporation  Counsel. 

Council  may  create  office 80 


Index. 


908 

SEC. 

Cotton. 

Power  to  provide  for  inspection cl.  53,  63 

Regulate  and  prevent  storage  of cl  63.  63 

County. 

Location  of  dummy,  etc.,  railroad  in,  consent  of  authorities  essen- 
tial  530 

Consent  to,  subject  to  police  power 530 

Power  to  compel  erection  of  fire  escapes 525 

May  use  house  of  correction 539 

County  Board. 

Not  to  issue  liquor  license  in  city 584 

County  Clerk. 

Publish  notice  of  election  to  annex  territory 255 

Non  extension  of  tax  on  indebtedness  of  territory  annexed 257 

Certify  annexation  to  state  auditor 261 

Extend  tax  levy  on  county  collector’s  books... 125 

Sales  for  special  assessments  returned  to 181 

Redemption  through 181 

County  Collector. 

Collect  municipal  taxes 126 

Pay  over  weekly 127 

Delinquent  special  assesments  returned  to 179 

Application  for  judgment 180 

Return  of  sales  to  county  clerk 181 

Compensation  for  collecting  special  assessments 183 

County  Court. 

Petition  to  organize  territory  as  city 5 

Judge  fix  time  and  place  for  election 5 

Appoint  judges  of  election 5 

Give  notice  of  election 5 

Result  of  election  to  incorporate  returned  to 5 

Canvass  of  vote 5 

Territory  organized  as  city,  judge  to  call  election  for  officers 8 

Organization  of  territory  as  village,  procedure 226 

Petition,  election  ordered,  returns,  canvass 227 

Call  election  of  officers 228 

Procedure  in  for  annexing  city i 254 

Part  of  city,  etc 255 

Submit  question  of  annexing  city,  etc.,  in  whole  or  part  at  same 

election 256 

Jurisdiction  on  annexation  as  to  debts,  etc 261 

As  to  water  works  and  light 265 

As  to  disputes 266 


Index. 


909 


County  Court.— continued  sec. 

And  procedure,  eminent  domain 502,  518 

Proceedings  to  assess  cost  of  improvements 159,  210 

Jurisdiction  as  to  compulsory  education 700 

Appoint  oil  inspector,  when 600 

County  Recorder. 

Duty  on  vacation,  etc.,  of  town,  etc.,  plat 619 

County  Treasurer. 


On  condemnation  of  private  property,  payment  to  may  be  ordered  515 
Courts. 

Shall  sentence  to  imprisonment  in  house  of  correction 540 


Crime. 

Infamous  crime,  see. 

Criminals. 

Apprehension  of,  reward  for 794 

Culverts. 

Power  to  construct,  repair  and  regulate  use cl  29,  63 

Street  railroads,  etc.,  where  to  construct 1989 

Day’s  Work. 

Number  of  hours  constituting 1368 

Debt. 

Limitation  on  municipal p.  22,  cl.  5,  63 

Bonds,  issue  to  fund cl.  6,  63 

Dedication. 

Recording  of  plat  of  town,  etc.,  as 614 

Deed. 

To  convey  property  sold  by  city,  etc.,  execution 662 

Defaulter. 

Not  eligible  to  municipal  office p.  22 

To  office 84 

Definitions. 

‘‘Legislative  authority” 551 


“Adulterated  milk” 1754 

“Basement  story” 1302 

“Business  building” 1300 

“Butcher” 1348 

‘ Dog” '396 

“Itinerant  merchant,”  etc 1542 

“Pawnbroker” 1732 

‘ Peddler” 1748 

“Public  hall” 1308 


Index. 


910 

Definitions.— continued.  SECt 

‘•Repairs” 1214 

“Wholesale  store” 1301 

Words,  how  construed 1717 

Deformed  Person. 

Exposure  of,  penalty 163! 

Department  of  Buildings. 

Department  created,  who  to  compose 1126 

Quorum  of 1127 

Officers  of  may  enter  buildings,  when 1 128 

Powers  of  board  of 1129 

Board  of 1130 

Record  by  board  of  to  be  kept,  reports 1132 

Obstructing  any  officer  of 1133 

Inspection  of  buildings  by  board  of,  semi-annual 1130 

Other  inspections  by  board  of,  when  to  be  ma  le 1 131 

Department  of  Finance. 

Department  created 805 

Department,  how  composed 806 

Fiscal  year 807 

Department  of  Health. 

Department  created 927 

Board  of  health,  who  to  compose,  meetings  of 928 

Rules  and  regulations 929 

Powers  of  board 930 

Jurisdiction  of,  territory 931 

Contagious  disease,  power  of 932 

Boats,  quarantined 933 

Enforcement  of  ordinances  by,  interference,  penalty 934 

Infected  clothing,  how  disposed  of  by 935 

Orders  and  sanitary  regulations  of,  violation,  penalty 936 

Expenses,  when  authorized,  how  paid 937 

Reports  of,  city  council,  when,  how  made 938 

Department  of  Public  Works. 

Department  created 845 

Commissioner  of,  office  created 846 

Appointment  of.  term 847 

Qualifications  of 848 

Bond  and  oath  of 849 

Powers,  appointment  of  clerks,  etc 850 

Assistants  and  employes 851 

Duties  of  commissioner 852 

Further  duties  of 853 


Index. 


9*i 

Department  of  Public  Works.— continued.  sec. 

Expenditures,  control  of 854 

Expenditures  certified  to  council,  when . 855 

Improvements  by  special  assessments,  certified 856 

Improvements,  control  of  by 857 

Improvements,  plans,  profile  and  specifications  of,  to  be  filed  with  858 

Contracts  for,  how  let 859 

Contracts,  advertisement  for  bids 860 

Contracts,  bids  for,  how  made 861 

Contracts  of  five  hundred  dollars  and  under,  how  let 862 

Contracts,  how  executed 863 

Contractor’s  bond 864 

Contracts  and  bonds,  execution,  approval  of 865 

Streets,  etc,  cleaning  of  who  to  control 866 

Contracts  for,  how  let 867 

Contracts  for,  bond  to  be  given 868 

Contracts,  on  emergency 869 

Contracts,  rights  reserved 870 

Estimates  on  contracts  let,  percent,  reserved 871 

Contracts  based  on  special  assessments,  conditions 872 

Contractor’s  default 873 

Contractor’s  liability 874 

Contractor’s  bond  of  indemnity 875 

Contracts,  forfeiture,  per  cent,  reserved 876 

Contracts,  violation  of,  penalty 877 

Pay  to  workmen,  etc 878 

Contractor’s  bond,  statement  of  sureties 879 

Bonds  and  statements,  where  kept 880 

Bonds  and  statements,  where  filed,  approval  of 881 

Sureties,  qualifications  of 882 

Contracts,  not  to  be  interested  in 883 

Annual  report  to  council 884 

Annual  report  to  comptroller 885 

Books  of  account,  how  kept 886 

To  have  custody  of  sewers  and  drains 887 

Sewers  and  drains,  connections  with,  permit 888 

Connecting  with,  without  permit,  penalty 889 

Connection  with  sewer,  how  authorized 890 

Sewers,  city’s  right  etc.,  reserved 891 

Sewer  connections,  etc.,  to  grant  permits  for 892 

Opening  streets,  etc.,  cost  of  repairing,  estimate  of 893 

Application  of  commissioner  for  cost  of 894 

F ees  for  estimate,  limit,  to  whom  payable 895 

To  keep  record  of  permits,  how  kept 896 

Special  funds,  how  paid  out 897 


912  Index. 

Department  of  Public  Works.—  continued.  sec. 

Further  reports  by,  when 898 

To  make  rules  and  regulations,  as  to 899 

Disconnecting  Territory. 

Procedure  to  disconnect 288 

Recording  ordinance  for 289 

Disease. 

Power  to  make  regulations  to  suppress cl.  78.  63 

Disorderly  Assembly. 

Power  to  prevent  and  suppress cl.  72.  63 

Disorderly  Conduct. 

Power  to  prevent cl.  59.  63 

Disturbing  lawful  assembly,  etc  , penalty 1626 

Of  driver  of  vehicle,  penalty 1355 

Disorderly  House. 

Power  to  suppress cl  45,  63 

Dispensaries. 

Power  to  establish,  erect  and  control cl.  77,  63 

Distiller. 

Power  to  tax  and  regulate cl.  91,  63 

Distillery. 

Power  to  locate,  regulate,  etc cl.  82,  63 

Disturbances. 

Power  to  prevent  and  suppress cl.  72,  63 

Docks. 

Landings  and  levees,  see. 

Power  to  construct,  repair  and  regulate  use cl.  32-33,  63 

Fix  dockage  for  water  craft cl.  17,  63 

Dogs. 

Restrain  and  prohibit  running  at  large cl.  80,  63 

Power  to  tax cl.  80.  63 

Per  centage  of  license  fees  paid  into  police  and  fireman’s  fund. . . 621 

Owner  of  to  report  for  license,  penalty  for  neglect 1378 

To  wear  collar,  license  tag,  registration 1379 

Record  of,  by  whom  and  how  kept ' 1380 

To  be  muzzled,  proclamation  of  mayor  to,  how  made 1381 

Impounding  of 1382 

Poundmaster  to  register  and  give  notice  of 1383 

Notice  to  owner  of,  how  given 1384 

Redemption  of,  from  pound 1385 

Failure  to  redeem,  how  disposed  of 1386 


Index. 


913 

Dogs. — continued.  ssc 

Fees  of  poundmaster  for  impounding- 1387 

Running  at  large,  when  to  be  destroyed 1388 

Unlawful  to  kill.  when,  penalty 1389 

Poisoning  of,  prohibited,  penalty 1390 

Molestation  of,  when  forbidden,  penalty 1391 

Removal  of  license  tag  or  muzzle  from,  penalty 1392 

Allowing  fierce  or  dangerous  to  run  at  large,  penalty 1393 

Dangerous,  disturbance  of  peace  by,  trial,  judgment,  penalty. . . . 1394 

Allowing  bitch  to  run  at  large,  when  prohibited,  penalty 1395 

Definition  of 1396 

Dog  fight,  penalty 1641 

Drains  and  Culverts. 

Street  railroads  when  to  construct,  repair  of 1989 

Drainage  and  Sewerage. 

Sewers  and  drains,  see. 

By  special  assessment  allowed p.  18 

Power  to  construct,  repair  and  regulate cl.  29,  63 

District  annexed,  system  continued 273 

Adjoining  cities  may  contract  with  each  other  for  sewerage 349 

Contract,  how  made 35a 

Sewerage  fund  tax 351 

Dram  Shops. 

Spirituous  liquors,  Saloons,  see. 

Draymen. 

Power  to  license,  tax  and  regulate cl.  42,  63 

Druggist. 

Power  to  permit  to  sell  liquor cl.  56,  63 

Permits,  etc.,  by  city  to  sell  liquor 583 

Permit  by  city  to  sell  liquor 1826 

Permit  to  be  posted 1827 

Drunkard. 

License  by  city  to 1826 

License  to  be  posted  by 1827 

Intoxication,  see. 

Dummy  Railroad. 

Horse  and  dummy  railroad,  see. 

Pre-requisite  to  grant  of  way  on  street cl.  90,  63 

East  Bluff  Peoria  Horse  Railroad  Company. 

Grant  of  right 2052 

Wires,  how  strung 2053 

Poles,  how  erected 2054 

Operation  of  cars 2055 

Fare,  tickets  2056 

Cars,  conductors 2057 

59 


Index. 


914 

Dummy  Railroad.—  continued.  sec. 

Repeal 2058 

Education. 

Schools,  see. 

Elections. 

Constitution,  who  may  vote 19 

All  votes  by  ballot 20 

Electors,  privileges  of 20 

Soldier,  etc.,  at  post  does  not  give  residence 20 

Annexation  of  city,  etc 254 

Of  parts  of  city 255 

Of  part  or  all  of  city  at  one 256 

Of  territory,  as  to  licensing  dram  shops 271 

Bonds,  as  to  issue  of  new,  for  old  debts 293-295,  304 

City,  as  to  incorporation  under  general  law 1 

Notice  of  as  to  incorporation  under  general  law 2 

Form  of  ballots 3 

Returns  to  city  council 3 

Result  entered  on  city  records 3 

On  organization,  canvass  of  votes,  etc.,  recorded 13 

Same  filed  with  secretary  of  state 13 

Trustees  act  on  vote  of  village  to  become  city 4 

Territory  to  organize  as  city 5 

Petition  for . J 5 

County  judge  to  fix  time  and  place  for 5 

Appoint  judges 5 

Give  notice  of 5 

Canvass  of  returns 5 

Territory  organized  on  vote  for 5 

Towns  becoming  cities,  trustees  call  election  for  officers 7 

Appoint  judges  and  clerks 7 

Canvass  returns 7 

Aldermen  elected  on  general  ticket 7 

Territory  organized  as  city,  county  judge  call  election  of  offi- 
cers  8 

Canvass  of  returns 8 

City  having  same  territory  as  organized  township 49 

Who  entitled  to  vote 51 

Annual  election  of  aldermen 52-53 

Minority  representation 54—56 

Council  appoint  time  and  place,  judges,  etc.,  of  aldermanic  elec- 
tion   57 

Give  notice  of  election 57 

Return  and  canvass  of  ballots 58 

Tied  vote,  council  determine  by  lot 59 

Persons  elected  notified 60 


Index. 


915 

Elections— continued.  sec. 

Quorum  not  in  office,  who  order  election  to  fill  vacancy 61 

Special  elections,  how  and  when  called 62 

City  election  annual 49 

City  or  village,  including  a township,  when 49 

In  cities  mayor,  council,  clerk,  attorney  and  treasurer 79 

Mayor,  etc.,  elected,  when 50 

Vacancy  in  office  of  mayor,  election  when 16 

Of  aldermen,  filled  by 33 

Town  to  incorporate  as  village 222 

Who  may  vote,  form  of  ballot 223 

Returns,  canvass,  record 224 

New  organization  of  territory. 226 

Of  officers 228 

Annual  village 234 

Changing  from  city  to  village 238 

City  courts,  of  judge 343 

Of  clerk 343 

Library,  to  establish  and  tax  for  565 

School,  of  board  of  school  inspectors 669  704,  768 

Adoption  of  general  school  law  in  lieu  of  charter 679-680 

Vacancies  filled  by  elections 770 

Water,  as  to  raising  money  to  extend  supply 765 

Manner  of  conducting  elections 58 

•Oath  of  judges 352 

By  whom  administered....  353 

Notice,  how  given 354 

Time  of  opening  and  closing  polls 356,  471 

Proclamation 357 

Ballot  box  publicly  exhibited 358 

Poll  lists,  how  kept 359 

Form  of  ballot 451 

Distribution  of  ballot 452 

No  adjournment  or  recess 363 

•Clerks  of  elections 364 

Irregular  ballots 365 

Defective  ballot  463 

Examination  of  ballot  in  contested  elections 367 

Ballots  strung  and  returned,  when  destroyed 366,  464 

Form  of  returns 368 

Compensation  of  judges  and  clerks 369 

Challengers 370 

Who  may  vote 371 

Residence 372 

'When  inmate  poor  house,  etc.,  may  vote 373 


Index. 


916 

Elections. — continued.  SEC 

Inmate  of  soldier’s  home,  etc 374 

Affidavit  of  qualifications 373 

Affidavit  of  witness 376 

Who  may  administer  oath 377 

Disqualification  of  convicts 378 

Liquor  not  to  be  sold  on  election  day 379 

False  swearing  in  vote 380 

Illegal  voting 381 

Other  offenses 382 

Receiving  bribes 383 

Disorderly  conduct 384 

Betting  on  election 385 

Offenses  of  judges  of  elections 386 

When  judge  or  clerk  ascertains  or  discloses  vote 387 

When  other  person  ascertains  or  discloses  vote 388 

Neglect  of  duty  by  clerk 389 

Failure  to  deliver  poll  books 399 

Fraud  in  canvassing 391 

Carrying  away,  defacing,  etc.,  poll  books 392 

Who  may  contest  elections 41 1 

Contestant  to  file  statement 412 

Contested  elections 416 

When  election  adjudged  void 421 

Board  of  registration,  meeting,  register 423 

Manner  of  making  register,  etc.,  first  meeting 424 

New  election  districts 425 

Revision  of  register,  second  meeting 426 

Proceedings  open,  corrections 427 

Revision  of  register  and  adding  new  names 428 

Copy  of  register  list  to  be  posted 424 

Register  list  to  be  filed  with  city  clerk 425 

Name  not  on  registry,  vote  must  be  sworn  in 429 

Registry  list  not  to  be  changed 430 

Poll  lists  and  registry  to  be  filed  with  city  clerk 431 

Register  open  to  inspection 432 

Compensation  of  board  of  registration 433 

Order  preserved  during  registration 434 

Fraudulent  registration,  false  swearing,  etc 435 

Blanks  to  be  furnished. 436 

Printing  and  distribution  of  ballots 438 

How  printing  paid  for 439 

“General”  and  “city  election”  defined 439 

Nominations 440 

Certificates  of  nominations 441 


Index. 


917 

Elections. — continued  sec* 

Nominations  by  groups  of  voters 442 

Certificate,  when  and  whereof  filed 443 

Form  of  certificates 444 

Withdrawal  of  candidate 445 

Certificates  open  to  inspection 445 

Preservation  of  papers 445 

Vacancies  in  nominations . . 446 

1 

Objection  to  certificates 447 

Nominations  certified  to  county  clerk  for  printing 448 

New  ballot  in  case  of  vacancy 449 

Nominations  certified  to  clerk 450 

Constitutional  amendment,  how  submitted 453 

Cards  of  instructions 455 

Posting  cards  of  instructions  and  specimen  ballots 456 

Judges  of  election  to  furnish  ballots 457 

Booths,  etc 458 

Voter  must  procure  ballot  from  judge 459 

Name  of  voter  not  on  registry,  affidavit  before  voter  receives  bal- 
lot ... . 459 

When  challenged,  voter  must  establish  right  to  vote  before  he  re- 
ceives ballot 459 

Preparation  of  ballot 460 

Ballot,  how  prepared 460 

Ballot  prepared  in  booth 460 

Voter  not  to  occupy  booth  more  than  five  minutes 460 

Voter  not  allowed  to  enter  enclosed  space  after  voting 460 

Must  vote  ballot  received  from  judge 460 

Ballot  spoiled,  returned  to  judge 460 

When  officer  shall  assist  voter  to  prepare  ballot 461 

Employes  to  be  given  time  to  vote 462 

Defective  ballots,  how  disposed  of 463 

No  ballot  without  official  endorsement  placed  in  box 463 

Ballots  not  voted  and  those  spoiled  returned  with  returns  of  elec- 
tion   463 

Proclamation  by  each  judge  of  result  of  canvass 464 

Ballots  returned  to  clerk 464 

Kept  six  months 464 

If  election  contested,  ballots  kept  until  contest  settled 464 

Ballots  destroyed  by  clerk  in  presence  of  two  electors,  one  from 

each  party 464 

Electioneering  prohibited 465 

Ballot  secret 466 

Interference  with  voter  prohibited 466 

Penalty  for  destroying  poster 467 


Index. 


9*8 

Elections.— continued,  sec. 

Hindering  voter 467 

Destroying  nomination  paper 468 

Counterfeit  ballot 468 

Official  neglect 469 

Polls  opened  at  7 a.  m.  close  at  5 p.  m 471 

Primary,  when  to  be  held  under  act 474 

Desire  expressed  by  resolution 475 

Committee  to  fix  time  and  place  of  election 476 

Notice  of  election,  what  to  contain 477 

Judges  and  clerks  to  take  oath 478 

Duties  of  judges  and  clerks 478 

Who  entitled  to  vote 479 

Committee  to  fix  voting  districts 480 

Judges  may  hear  objections  to  voter . 481 

Offenses  against  primary  election  law 482 

Challenges 483 

Poll  list  to  be  kept 483 

Form  of  poll  and  tally  lists 484 

Judges  may  adminster  oaths  required  under  act 485 

Ballots,  how  printed 486 

Ballot  boxes,  how  kept 487 

Judges  must  make  proclamation  of  opening  cf  polls 488 

Proclamation  of  closing  polls  to  be  made 489 

Canvass,  how  made 490 

Judges  conducting  the  canvass 491 

Judges  certificate  to  tally  list 492 

Count  of  ballots 493 

What  poll  lists  to  show 494 

Certificate  of  result 495 

Deposit  of  tally  and  poll  lists 496 

Certificate  to  successful  candidate 497 

Penalties  for  violations  of  act 498 

Who  may  vote  at  primary  election 500 

Penalty  for  illegal  voting  at  primary  election 501 


Election  of  aldermen,  who  may  contest 1397 

City  council  to  hear  and  determine 1398 

Notice  of  contest,  how  and  when  to  be  given , 1399 

Notice  to  opponent 1400 

Depositions  in,  when  and  how  taken 1401 

Proofs  in,  to  be  taken  and  filed  when. 1402 

Hearing  before  council  in,  hearing  limited 1403 

Proceedings  before  council  in . . 1404 

Election  of,  when  void , ' 1405 


Index.  919 

Elections.— continued.  sec. 

Recount  of  ballots,  when  and  how  made 1406 

Ballots  not  to  be  destroyed,  when 1407 

Witnesses  in,  subpoenas  for 1408 

Duty  of  superintendent  of  police  in 1409 

Witnesses  in,  refusal  or  neglect  to  attend,  penalty 1410 

Electric  Light. 

Part  of  city  annexed,  residue  to  have  use  of 265 

Injury  to,  penalty 1679 

Records  of.  condition  of 1002 

Jenny  Electric  Light  and  Power  Co.,  see. 

Electric  Light  and  Motors. 

Inspection,  certificate  of 1411 

Power  of  city  electrician  as  to,  certificate  by 1412 

Requirement  before  approval  of 1413 

Fee  for  inspection  of 1414 

Record  of  examinations  of 1415 

Alteration  in  plants,  when  authorized 1416 

Penalty  for  use  of,  without  inspection 1417 

Injury  to  towers,  poles,  etc.,  of  penalty 1418 

Electric  Railways. 

Pre-requisite  of  grant  of  use  of  streets cl.  90  63 

Use  of  streets,  etc.,  when  granted 736-737 

Elevated  Railroads. 

When  streets  may  be  used  for 736-737 

Elevator  Building. 

Construction  of 1241 

Eminent  Domain. 

No  taking  without  just  compensation p 16 

Railroad  taking  for  track,  fee  remains  in  owner p.  16 

Compensation  fixed  by  jury 502 

Proceedings,  parties 503 

When  petition  presented  in  vacation 504 

Service  of  summons,  notice 505 

Hearing,  several  tracts  in,  amendments,  new  parties  practice 506 

Jury  in  vacation 507 

Impaneling  jury 508 

Oath  of  jury 509 

View  of  premises,  verdict 510 

Cross  petition 512 

Appeal 513 

Right  to  use  land  on  giving  bond,  in  case  of  appeal 514 

Payment  to  county  treasurer 515 


Index. 


920 

Eminent  Domain.— continued.  sec. 

Judgment  to  be  entered  of  record 516 

Repeal 517 

Lands  of  state  institution  not  to  be  taken 518 

Local  improvements,  property  to  be  taken,  procedure 144 

Petition  to  assess  damages 145 

Form  of 146 

Summons,  publication,  notice 147 

Hearing,  jury 148 

Jury  to  assess  compensation 149 

New  parties, how  joined. 149 

View  of  premises 150 

Ownership  or  interest  not  shown,  verdict 150 

Judgment,  continuance  for  new  parties 151 

Ownership  ceasing,  damages  assessed 152 

Ownership  contested,  no  delay,  compensation  deposited 153 

Person  under  disability  procedure 154 

Effect  of  judgment,  appeal 155 

Possession  ordered,  when 156 

Petition  to  assess  cost  filed 163 

Commissioners  to  assess  cost,  appointment 163 

Oath 163 

Duty 165 

Assessment  roll  and  return 166 

Notice  of  assessment t 167 

Proof  of 168 

Not  in  time  continuance 169 

Objections  to  confirmation 170 

No  objections  filed,  judgment 170 

Hearing,  verdict,  judgment 1 7 1 

Case  has  precedence 172 

Assessment  may  be  changed,  annulled,  confirmed  or  recast 173 

Judgment  several,  a lien 174 

Appeal  from 174 

Judgment  certified  to  city  clerk 175 

Form  of  warrant 176 

Collector’s  notice 177 

Mode  of  collecting 178 

Delinquent  list  to  county  collector. ! 179 

Application  for  judgment,  defenses  barred 179 

Under  general  law 180 

Return  of  sales,  redemption 181 

Sale  for  payment,  liability,  penalty 182 

Collections,  payment  over,  compensation 183 

General  revenue  laws  apply 184 


Index. 


921 


Eminent  Domain.— continued.  sec. 

Assessment  set  aside,  new  one 186 

Insufficient,  supplemental 187 

Too  large,  rebate 187 

New  assessments  as  to  delinquents . 188 

Petition  to  assess  benefits 193 

Lands  condemned  must  be  paid  for  in  two  years  from  judgment 

or  proceedings  dismissed 193 

Horse  and  dummy  railroad  may  exercise  right 528 

Compensation,  how  ascertained 529 

Levee,  power  of  city  to  condemn  land  for 553 

Telegraph  companies  may  exercise  right  of 739 

Water  works,  city  may  condemn  lands  for 752 


Engineer. 

Examination,  licensing  and  regulating 66 

Department  of  Public  Works,  see. 

Estimates. 

Fire  marshal  to  make,  to  comptroller 1053 

Annual,  of  superintendent  of  police  to  comptroller 988 

Evidence. 

Official  bond,  effect  of  acknowledgment 588 

Ordinance,  proof  of 70 

Certified  copy 88-89 

Record,  certified  copy 88-89 

Records  of  city,  how  certified 519 

Certificate,  form  of 520 

Sworn  copy,  use  of 521 

False  certificate,  penalty 522 

Recorded  plat  of  town,  etc 613 

Special  assessments,  affidavits  of,  notice  of 168 

Report  of  delinquent  list,  of  prior  proceedings,  etc 179 

Execution. 

Official  bond,  lien  of  judgment  and  levy 593 

Exhibitions. 

Power  to  license,  tax,  regulate,  etc cl.  41.  63 

Amusements,  see. 

Explosives. 

Power  to  regulate  and  prevent  storage  of cl.  65,  63 

Expressmen. 

Power  to  license,  tax  and  regulate cl.  42,  63 


922 


Index. 


SEC. 

Express  Wagons. 

Stand  for 1366 

Must  be  licensed 1349 

Rates  of  charges  permitted 1359 

Number  of  license  to  be  on . 1352 

False  Certificates. 

Of  non  alienage,  contract  avoided  and  wages  forfeited 248 

Farmer. 

May  sell  produce  without  license 244 

Fast  Driving. 

Over  bridge,  penalty 1193 

On  street  or  alley,  penalty 

Fees  and  Salaries. 

Salary  of  mayor  fixed  by  council 94 

Of  aldermen,  fixed  by  ordinance 95 

Of  other  officers  fixed  by  ordinance 96 

Fixed  by  appropriation  ordinance . 97 

Salary  not  to  be  changed  during  term 97 

Collector  of  special  assessments 183 

Officers  and  employes  of  board  of  school  inspectors 772,  774 

None  to  inspectors  of  house  of  correction 535 

Salary  of  matron  and  teachers  in  house  of  shelter 543 

Of  superintendent  of  house  of  correction 534 

Of  judge  of  city  court 344 

Of  master  in  chancery  of  city  court 330 

Of  state’s  attorney  in  city  court 345 

Of  village  officers,  ordinance  to  fix 232 

Harbormasters 1451 

Of  board  of  police  and  fire  commissioners 965 

Of  boiler  inspector  for  inspection 1095 

For  inspection  of  gas  or  water  meter 1 107 

Of  sealer  for  inspecting  weights  and  measures 1114 

Of  inspector  of  steam  boilers,  etc 1120 

Of  oil  inspector 1125 

Of  superintendent  of  buildings 1 148 

Magistrate’s  fees 1780 

Witness  fees 1779 

Jury  fees 1779 

Officer’s  fees  to  be  taxed 1781 

Fees  of  public  porter 1790 

Fixed  annually 1698 

Fees  to  be  charged  by  officer 1700 

Salaries  payable  weekly 1699 


Index.  923 

Fees  and  Salaries.— continued  sec. 

Fees  for  impounding  animals 1804 

Salary  of  poundkeeper 1820 

Of  city  engineer 907 

City  engineer  on  estimates  for  repairing  streets,  etc 895 

Of  aldermen 803 

Of  weighmasters 1616 

Chargeable  by  superintendent  of  buildings 1 144 

Of  city  clerk,  issuing  licenses 1556 

Fence. 

Power  to  regulate  partition cl.  60,  63 

To  require  railroads  to  fence. cl.  26,  63 

Ferry. 

Power  to  establish,  license,  regulate  and  fix  tolls cl.  37,  63 

Must  be  licensed,  penalty  . 1419 

License  for,  how  obtained,  restrictions 1420 

Licensee  must  ferry  upon  application,  penalty 1421 

Rate  of  charges  for 1422 

Rates  of  charges  to  be  posted,  penalty 1423 

Injury  to  boat,  penalty 1424 

Fund  from  licenses  to,  how  kept 1425 

Ferries  and  Bridges. 


Bridges,  Bridges  and  Ferries,  Roads  and  Bridges,  see. 


Fighting. 

Power  to  prevent cl.  59,  63 

Finance  and  Property. 

City  council  control cl  1,  63 

Fines  and  Penalties. 

Penalty,  see. 

Power  to  impose cl.  96,  63 

City  or  village  may  impose 78 

Power  as  to  creation  of  nuisance cl.  75,  63 

Limitation  on cl.  96,  63 

Enforcement,  jurisdiction  of 71 

Fine  imposed;  imprisonment  until  paid,  when 73 

Limit  of  imprisonment  for  each  offense  cl.  96,  63 

Use  of  county  jail cl.  70,  63 

Imprisonment  to  be  in  house  of  correction 340 

Application,  fines  collected,  payment  over 72 

Violation  of  village  ordinance 235 

Oil  inspection,  defaults .Lj.  , . . 607 

Non-erection  of  fire  escapes ..  .j  . . ...  527 

Animal,  certain  at  large 252 


Index. 


924 

Fines  and  Penalties.— continued.  sec. 

Bribery 86,  598 

Bridge,  fast  driving  on 307 

Contract,  officer  interested  in 598 

Election,  selling  liquor  on  election  day i 379 

False  swearing  in  vote 380 

Illegal  voting 381 

Aiding  in  illegal  voting 382 

Changing  ballot  of  elector 382 

Preventing  by  unlawful  means  a voter  from  attending 382 

Bribing  judge  or  clerk 382 

Judge  or  clerk  for  accepting  bribe 382 

V oter  receiving  bribe 383 

Unpardoned  felon  voting 383 

Disorderly  conduct  at  election 384 

Betting  on  election 385 

Judge,  permitting  person  to  vote  when  challenged  until  he  has 

complied  with  law 386 

Excluding  legal  vote 386 

Fraud,  corruption,  etc 386 

Opening  ballot 386 

Neglect  to  perform  duties  imposed  by  law 386 

Judge  or  clerk  ascertaining  ballot 387 

Other  person  for  ascertaining  or  disclosing  ballot 388 

Neglect  of  duty  by  clerk 389 

Failure  to  deliver  poll  books,  etc 390 

Fraud  in  canvassing 391 

Stealing  ballot  box,  etc 392 

Tearing  registration  list 424 

False  statement  of  residence 430 

Fraudulent  registration 435 

False  swearing  before  board  of  registration 435 

Employer  refusing  to  give  employee  time  to  vote 462 

Electioneering  within  one  hundred  feet  of  polls 465 

Voter  disclosing  ballot 466 

False  statement  as  to  inability  to  mark  ballot 466 

Interference  with  voter  inside  enclosed  space 466 

Destroying  poster 467 

Hindering  voter 467 

Destroying  nomination  paper 468 

Counterfeit  ballot 468 

Neglect  of  officer  to  perform  duty  under  under  election  law 469 

Receiving  challenged  vote  at  primary,  when 481 

False  swearing  at  primary 481 

Illegal  voting  at  primary 482 


Index.  925 

Fines  and  Penalties.— continued.  sec 

Aiding  or  abetting  illegal  voting 482 

Offering  bribe 482 

False  information  as  to  ballot  furnished 482 

Fraudlently  changing  any  ballot 482 

Endeavoring  to  prevent  voter  from  voting 482 

Bribery  to  prevent  voter  from  attending  polls 482 

Bribing  judge  at  primary 482 

For  violating  primary  election  law 498;  501 

Collector  detaining  funds 114 

Treasurer’s  private  use  of  funds 108 

Fire  escapes,  non-erection  of 526 

Application  of  fines 527 

Library,  council  prescribe  for  injury  to 572 

Liquors,  violation  of  license,  to  sell  malt  only 585 

Officer,  not  turning  over  to  successor 83 

Oil  inspector,  misconduct  of 605 

Vendors  neglect  to  notify  of,  or  sell  oil  without  inspection 606 

Inspection  of  oils,  fines,  how  recovered 607 

Application  of  fines 607 

Public  buildings,  doors  to  open  outward 631 

Plats,  selling  lot  in  addition  without  recording 616 

Neglect  to  plant  corner  stone  on  platting  land 613 

Railroad,  starting  without  signal 636 

Neglect  to  make  crossings 638 

Killing  stock,  frightening  team 635 

Failure  to  stop  at  bridge 641 

Penalties  for  failure  to  comply  with  law 642 

Excessive  speed  through  cities 646 

Penalty,  general 648 

Neglect  to  maintain  flagmen 647 

Record,  false  certificate 522 

Special  assessment,  return  of  sale  after  payment 182 


Of  prisoners  in  workhouse,  how  paid  by  work 1033 

Fire. 

Police  to  give  alarm  of,  and  attend 1017 

Superintendent  of  buildings  shall  investigate  as  to  cause  of 1141 

Fire  marshal  to  attend 1049 

Fire  marshal  to  keep  record  of 1052 

Marshal  may  remove  property  from 1054 

Property  saved  at,  disposition  of 1078 

May  destroy  building  to  check  progress  of 1055 

Giving  false  alarm  of,  penalty 1085 

Hindering  officer,  or  fireman,  at  fire,  penalty 1084 


Index. 


926 

Fire. — continued.  SEC_ 

Making  false  keys  to  fire  alarm  box,  penalty i0g6 

Injury  to  fire  alarm,  or  police  patrol,  penalty 1087 

Firearms. 

Not  to  be  carried  in  parks * ^24 

Firearms,  Fireworks  and  Cannon. 

Use  of  within  city  limits,  penalty j^26 

Selling  or  loaning  to  minor,  penalty ^27 

Discharge  of  fireworks  in  city,  penalty 1428 

Discharge  of  cannon  without  permit,  penalty 1429 

Fire  Department. 

Police  and  fireman’s  fund,  see. 

Power  to  erect  houses  and  provide  apparatus cl.  64,  63 

Establishment  of 1041 

Fire  Escape. 

Power  to  regulate  construction cl.  61,  63 

To  be  affixed  to  certain  buildings 523 

Notice  to  affix 525 

Penalty  for  non-erection  of 526 

Grand  jury  to  investigate  as  to  sufficiency 525 

When  required 1286 

Fire  Limits. 

Power  to  designate cl.  62,  63 

To  prohibit  lumber  yard  within cl.  93,  63 

Coal  sheds  may  be  erected  within,  when 1233 

Wooden  buildings  not  to  be  moved  within 1230 

Kind  of  buildings  allowed  in 1228 

Composition  roof  within 1271 

Extent  of 1343 

Fire  Marshal. 

A trustee  of  police  and  fireman’s  fund 622 

Office  of  created,  term 1042 

Appointment  of 1043 

Bond  of 1044 

To  have  control  of  fire  department 1045 

Custody  of  apparatus  in 1046 

Examination  of  apparatus  by,  report 1047 

To  keep  apparatus  in  repair — 1048 

Attend  fires 1049 

Charges  against  subordinates,  power  to  suspend 1050 

To  keep  record  of  employes 1051 

To  keep  record  of  fires 1052 


Index.  927 

Fire  Marshal. — continued.  sec. 

Yearly  estimates  by,  to  comptroller 1053 

Removal  of  property  at  fires,  when 1054 

May  destroy  building,  when 1055 

Shall  enforce  ordinances 1056 

Uniform  of,  who  to  provide 1057 

Shall  turn  over  property,  etc.,  to  successor 10  8 

To  establish  rules  and  regulations 1081 

Fire  Marshal  Assistant. 

Office  of,  created 1059 

Appointment  of 1060 

Bond  of 1061 

Authority  of 1062 

Uniform  of,  who  to  provide 1063 

Firemen. 

Fire  department;  police  and  firemen’s  fund,  see. 

Employed  in  city,  etc.,  annexed;  retained  in  service 270 


Firemen,  etc.,  appointment  of 1071 

Qualifications  of 1072 

Removals  of,  for  cause  only,  by  whom  made 1073 

Duties  of 1074 

Engines,  trucks,  carts,  etc.,  how  to  be  driven 1075 

Not  to  be  driven  on  sidewalks 1076 

Fire  apparatus,  not  to  be  used  for  private  purposes • 1077 

Property  saved  at  fires,  possession  of 1078 

Trespasser  at  fire;  arrest  of 1079 

Obstructing  fire  department,  penalty 1080 

Rules  of  department,  who  to  enforce 1081 

Copies  of  rules  to  members  of 1082 

Uniform  of  members,  who  to  fix,  who  to  provide 1083 

To  be  appointed  by  board 966 

Removal  for  cause  only 967 

Removals,  how  made 968 

Fire  marshal  may  prefer  charges  against,  and  remove  when 1050 

Fire  Wood. 

Power  to  inspect  and  measure cl.  65,  63 

Fireworks. 

Firearms,  see 

Fiscal  Year. 

Commencement  of 807 

Fish. 

Power  to  regulate  sales  of cl.  50,  63 

Provide  inspection  of cl.  53,  63 


928  Index. 


SEC. 

Flagmen. 

Power  to  require  as  railroad  crossings cl.  27,  63 

Duty,  as  to  railroad 647 

Flags. 

Across  streets,  regulation  of cl.  iq.  63 

Flour. 

Power  to  regulate  sales  and  provide  inspection  of cl.  50-53.  63 

Flower  Pots. 

When  placed  on  sills,  etc.,  how  protected  from  falling 1430 

Food. 

Power  to  regulate  sale  of cl,  50,  63 

To  provide  and  regulate  inspection  of cl.  53,  63 

Meat  to  be  inspected 964 

Unwholesome,  sale  of,  penalty 1753 

Inspection  of 956 

Unwholesome,  seizure,  and  disposal  of . . . . 957 

Sale  of  unwholesome,  penalty 963 

Sale  of  meats  without  inspection,  penalty 964 

Food  Inspector. 

Office  of,  created 953 

Appointment,  term  of 954 

Bond 955 

Powers  and  duties 956 

Unwholesome  food,  seizure  and  condemnation  by 957 

May  enter  premises  and  examine  food 958 

Obstruction  of,  penalty 959 

Power  to  arrest 960 

Monthly  report  to  city  council  by 961 

Inspection  of  dairies  by 962 

Sale  of  unwholesome  food,  penalty 963 

All  meat  to  be  inspected,  penalty 964 

Duty  as  to  peddlers 1751 

Right  to  enter  peddlers  wagons 1752 

Forestalling  and  Regrating. 

Power  to  prevent  and  punish cl.  51.  63 

Former  Charter. 

City  of  Peoria  a body  politic  ; seal 765 

Boundaries;  jurisdiction 766 

Board  of  school  inspectors 767,  787 

Fort  Clark  Horse  Railway  Company. 

Grant  of  right  of  way,  route 2059 

Motive  power 2060 


Index.  929 

Fort  Clark  Horse  Railway  Company.— continued.  sec. 

Poles  and  wires  2061 

Poles  and  wires,  manner  of  erecting 2062 

Injury  to  wire,  penalty 2063 

Conditions  of  grant,  bond  to  city,  time  within  to  commence  work, 
time  for  completion,  culverts,  crossings,  etc.,  tracks  to  con- 
form to  grade,  paving  right  of  way,  failure  to  pave,  penalty, 
construct  culverts  when  necessary,  rails,  manner  of  laying, 

former  ordinances,  repeal 2064 

Manner  of  removing  snow 2065 

Switches,  how  laid 2066 

Rights  reserved 2067 

City  may  grant  other  franchises 2068 

Rails,  kind  of 2069 

Injury  to  tracks,  etc.,  penalty 2070 

Consideration  to  be  paid  for  franchise ...  2071 

Cars,  kind  of 2072 

Cars,  time  of  running 2073 

Cars  to  be  numbered,  etc • 2074 

Conductor  required  on  car 2075 

Cars  to  be  kept  in  repair 2076 

Fare 2077 

Street  crossing,  stopping  cars  on 2078 

Sprinkle  right  of  way 2079 

Franchise  not  transferable 2080 

Reservation  of  rights 2081 

Right  of  way  over  streets  not  opened 2082 

Crossing  other  street  railways 2083 

Bridges,  shall  widen 2084 

Negligence,  liability  for 2085 

Interpretation  of  ordinance 2086 

Compliance  with 2087 

Fortune  Telling. 

In  parks,  prohibited 1726 

Foundry. 

Power  to  locate  and  regulate cl.  82,  65 

Fruit  Grower. 

May  sell  products  without  license 244 

Funds. 

Special,  how  paid  out 897 

Funeral  Procession. 

Disturbing,  penalty 1627 

Gaming  and  Gambling  Houses. 

Power  to  suppress cl.  45,  63 

60 


930  Index. 

Gaming  and  Gambling  Houses.—  continued.  sec. 

Keeping- of  prohibited,  penalty 1431 

Gaming,  penalty 1432 

Bringing  or  having  in  possession  gaming  device,  penalty 1433 

Gaming  device  on  street,  penalty 1434 

Visitor,  frequenter,  keeper,  runner,  etc.,  of  house,  penalty 1435 

Seizure  of  implements,  in  house  of 1436 

Inducing  to  bet 1644 

In  parks  prohibited 1726 

Garbage. 

Prevention  of  deposit  on  street cl.  15,  63 

Depositing  of,  in  river 1460 

Depositing  in  sewers,  etc 1872 

Not  to  fall  upon  streets,  etc 1476 

Removal  of,  from  slaughtering  house 1480 

Depositing  at  any  place  in  city 1489 

Gardener. 

May  sell  products  without  license 244 

Ordinance  in  relation  to 1756 


Gas. 

Inspector  of  Steam  Boilers;  see. 


Erection  of  works,  where  prohibited 1970 

Gas  and  Water  Meters. 

Inspection  of  by  inspector,  when  to  be  made 1104 

Test  of,  notice  to  consumer  and  company 1105 

Inspection  by,  conclusive 1106 

Fees  for,  when  payable,  refunded  when 1107 

Certificate  of  inspection,  when  to  be  furnished 1108 

Gas  and  Water  Pipes. 

In  streets,  how  to  be  laid 1968 

Geese. 

Pounds,  see. 

Power  to  prevent  running  at  large cl.  80,  63 

Goats. 

Prohibited  from  running  at  large cl.  80,  63,  251 

Governor  of  State. 

Mayor’s  authority  over  militia,  subject  to 27 

House  of  correction,  report  annually  to 536 

Grade. 

Power  to  regulate  of  railroad  crossing cl.  25,  27,  63 

City  may  regulate  at  landing  place 561 

Of  land  where  water  stands 562 


Index. 


93i 


Grade.— continued.  sec. 

Notice  to  fill  to  grade 564 

Base  of  city  levels  and  bench  marks 1437 

Grades  established 1438 

Duty  of  railroad  company  as  to 1926 

Street  railroads  to  conform  to,  penalty 1988 

Grand  Jury. 

Investigate  as  to  sufficiency  of  fire  escapes 525 

Grass. 

Not  to  be  trodden  on,  in  parks 1728 

Trespassing  upon 1685 

Grocery. 

Power  to  regulate  location  of,  cleanse,  abate  or  remove cl.  84,  63 

Goods  of,  not  to  obstruct  sidewalk 1490 

Guardian  Ad  Litem. 


Application  to  confirm  special  assessment,  appointment  of,  when . 154 


Gunpowder. 

Explosive,  see. 

Power  to  prevent  and  regulate  storage  of cl.  65,  63 

Storage  of,  under  sidewalk  prohibited 1888 

Gutters. 

Power  to  regulate  construction,  repair  and  use cl.  57,  63 

Injury  to,  obstruction  of,  penalty 1891 

Habitual  Drunkards. 

Sale  of  liquor  to,  penalty 1829 

Hackmen. 

Cabs,  hacks,  carts,  express  wagons,  etc.,  see. 

Power  to  license,  tax  and  regulate cl.  42,  63 

To  prescribe  compensation  for cl.  42,  63 

Hall. 

Power  to  regulate  egress cl.  61,  63,  630 

Means  of  egress 1292 

Hand  Bills. 

Regulation  of  posting cl.  17-18,  63 

Distribution  of  in  streets,  prohibited 1955 

Harbor. 

Power  to  regulate  use  of cl.  38,  63 


As  to  appointment  and  duties  of  harbor  master cl.  39,  61? 


932 


Index. 


SEC. 

Harbor  Master. 

Office  created,  appointment  of,  bond 1440 

Landings  established 1441 

Landing  place  for  steam  boats  only,  penalty 1442 

Landings  to  be  assigned  by,  failure  to  obey,  penalty 1443 

Obstructing  or  resisting,  penalty 1444 

When  may  take  charge  of  vessel,  etc 1445 

Vessel  to  be  sold  by,  when,  notice  how  given 1446 

Proceeds  of  such  sales  by,  how  kept 1447 

Obstructing  landing,  seizure  of  freight  by,  penalty 1448 

Fines,  etc.,  lien  on  boat 1449 

Freight  on  landing,  limit  to  occupy 1450 

Rates  of  wharfage 1451 

Harbor  master’s  account,  report  of,  paying  over 1452 

Injuring  or  obstructing  landing,  penalty 1453 

Refusal  to  pay  wharfage,  penalty 1454 

Wharfage  not  chargeable,  when 1455 

Wharf  boat,  license,  penalty 1456 

Fish  boat,  staging,  etc.,  license,  penalty 1457 

License  fee 1458 

Harbor  master  to  assign  place  to  licensee 1459 

Depositing  offal,  etc.,  in  river,  penalty 1460 

Money  to  go  to  harbor  fund 1461 

Hawkers. 

License,  tax,  suppress  or  prohibit cl.  41,  63 

On  street,  prohibited 1757 

Hay. 

Power  to  inspect  and  weigh cl.  54,  63 

Where  weighed,  certificate  of  weight 1595 

Wagons,  stands  for 1589 

Health. 

Power  to  appoint  board  of  health cl.  76,  63 

Power  to  make  regulations  to  promote cl.  78,  63 

Jurisdiction  of  city  as  to 45 


Contagious  disease,  report  of  to  commissioner,  penalty 1462 

Person  with  contagious  disease  to  keep  off  street,  penalty 1463 

Physician,  to  disinfect  clothes,  penalty 1464 

Contagious  disease,  bringing  of  into  city,  penalty 1465 

Contagious  disease,  who  may  enter  house,  penalty 1466 

Death  from  contagious,  burial,  attending  funeral 1467 

Infectious  disease,  vacation  of  premises  enforced,  when 1468 

Ventilation,  cleanliness,  temperature  of  stores,  etc 1469 


Index. 


933 


Health. — continued.  sec. 

Privies  in  stores,  etc.,  how  to  be  provided 1470 

Cellar  or  place  illy  ventilated 1471 

Light,  cleanliness,  etc.,  of  leased  house 1472 

Connection  of  house  with  sewer 1473 

Structures  connected  with  sewers,  construction  of 1474 

Cess  pools,  etc.,  construction  of 1475 

Garbage,  etc.,  not  to  be  put  in  street 1476 

Slaughtering,  etc.,  manner  of 1477 

Slaughtering,  where  prohibited 1478 

Slaughter  or  exposure  on  streets  prohibited 1479 

Slaughtering  place,  removal  of  offal,  etc 1480 

Permit  required  to  use  slaughter  house  for  dwelling 1481 

Ventilation  of  slaughter  houses 1482 

Offal  or  butcher’s  refuse,  conveyance  of 1483 

Public  ground,  care  of  animals 1484 

Offensive  matter,  not  to  be  opened  without  permit 1485 

lntra  mural  burial,  prohibited i486 

Privy  vault,  how  constructed,  how  kept 1487 

Keeping  offensive  vault,  penalty 1488 

Depositing  garbage,  penalty 1489 

Polluting  river,  penalty 1490 

Failure  to  comply  with  order  of  board,  proceedings 1491 

Cess  pool,  cleansing  same,  disposing  of  contents,  penalty 1492 

Throwing  slops,  etc.,  on  street,  penalty 1493 

Keeping  offensive  stable,  etc.,  penalty 1494 

Cess  pools,  not  to  be  filled  until  cleaned,  penalty 1495 

Privy  vault,  etc.,  time  for  emptying,  how  done 1496 

Noxious  floating  matters,  exclusion  from  streets 1497 

Offensive  occupations,  permits 1498 

Livery  stables,  where  prohibited 1499 

Rendering,  deodorizing 1500 

Rendering,  how  conducted 1501 

Manufactures  generating  offensive  gasses,  etc.,  special  permit 1502 

Food  and  ventilation,  where  animals  kept 1503 

Stables,  etc.,  how  kept,  infected  animal 1504 

Offensive  matter,  removal  of,  how  to  be  done 1505 

Offal,  swill,  etc.,  vehicles  for  removal  of  on  streets 1506 

Removal  of  offensive  matter,  care  of  vehicle  used  for 1507 

Construction  of  carts  used  for,  how 1508 

Noxious  refuse,  deposit  of,  when  prohibited 1509 

Deposit  of  offensive  matters,  prohibited,  manure 1510 

Bringing  diseased  or  sick  animal  in  city 15 11 

Sale  of  impure  ice  prohibited 1512 

Dead  animal,  deposit  of,  penalty 1513 


Index. 


934 

Health.— continued.  sec. 

Owner  of  dead  animal,  to  remove  on  notice,  penalty  1514 

Dead  animal  on  lot,  owner  to  remove,  penalty 1515 

Police  to  remove  dead  animal,  when 1516 

Removal  of  dead  animal,  etc.,  how  to  be  done.  . , 1517 

Manufactories,  etc,,  removal  of  ashes,  etc 1518 

Dead  body,  exposure  of  prohibited 1519 

Animal  or  thing  imperiling  health,  exposure  of  prohibited 1520 

Animal  or  thing  occasioning  nuisance,  keeping  of,  prohibited 1521 

Building,  etc.,  causing  nuisance  prohibited 1522 

Keeping  offensive  premises,  penalty 1523 

Business  causing  nuisance  prohibited 1524 

General  penalty  clause 1525 

Ambulances,  right  of  way,  obstruction  of,  penalty 1526 

Enforcing  this  article,  duty  of  officers 1527 

Hemp. 

Power  to  regulate  and  prevent  storage  of cl.  63,  63 

Hearth. 

Power  to  prevent  dangerous  construction  of cl.  63,  63 

Highways. 

Plat  of  to  be  recorded 620 

Use  of  for  horse  or  dummy  railways 528 

Consent  given  subject  to  police  powers 531 

Telegraph  poles,  where  placed 741 

Consent  to  erect  poles  required 740 

Railroads,  boards  at  crossings 633 

Signals  at  crossings 634 

Approaches  at  crossings 637 

Neglect  to  maintain 638,  639 

Not  to  obstruct 645 

Hitching  Post. 

In  walk,  kind  authorized,  how  set 1899 

Hoop  Trundling. 

Power  to  prevent  and  regulate  on  street cl.  92,  63 

Horse. 

Animal  ; pound,  see. 

Prohibited  running  at  large  in 251 

Speed  of  regulated,  penalty 1528 

Speed  of  at  intersections,  penalty 1529 

Speed  of  at  alleys,  penalty 1 530 

Not  to  be  loose  in  street,  penalty. 1531 

Leading,  riding  or  driving  on  sidewalk,  penalty 1532 

Racing  of,  in  streets 1533 


Index. 


935 

Horse. — continued.  sec. 

Preceding  section  construed 1534 

Attached  to  sled,  must  have  bells  attached,  penalty 1535 

Speed  of,  on  bridges,  penalty 1536 

Leaving  of,  etc.,  unfastened  in  street,  penalty — 1537 

Horse  and  Dummy  Railroads. 

May  exercise  right  of  eminent  domain 528 

Compensation,  how  ascertained 529 

Location  of  road  in  city,  consent  required 530 

Condition  of  consent  to 530 

Consent  subject  to  police  power 531 

Horse  Railways. 

None  authorized  without  consent  of  local  authorities 23 

Power  to  permit,  regulate  or  prohibit cl,  24,  63 

Pre-requisite  of  grant  of  way  on cl.  90,  63 

Horse  Troughs. 

Regulation  of cl.  17,  63 

Hospitals. 

Power  to  establish,  erect  and  control cl.  77,  63 

Hotel. 

Doors  to  open  outward 630 

Penalty 631 

House. 

Buildings  ; public  buildings,  see. 

Power  to  prescribe  mode  of  erection cl.  61.  63 

To  prevent  dangerous  construction  of  chimneys cl.  63.  63 

To  cleanse,  abate  or  remove  unwholesome cl.  84,  63 

To  prohibit  removal  or  tearing  down cl  62,  63 

To  regulate  numbering  of cl.  22,  63 

Attachment  of  telegraph,  etc.,  wires  to  gives  no  prescriptive  right.  742 

House  of  Correction. 

Power  to  establish,  erect  and  regulate cl.  69,  63 

City  may  establish 532 

Bridewell  changed  to  house  of  correction 546 

Inspectors  ; appointment,  term  of  office 533 

Rules;  employes;  appropriations 534 

Ten  hours  labor  and  fifty  cents  credit  per  day 242 

Compensation  and  duties  of  inspectors  ; records 535 

Books  ; quarterly  statement 536 

Reports  to  governor 536 

Annual  report  to  council 536 

F urther  reports  when  required 537 

Removal  of  officers 537 


Index. 


936 

House  of  Correction.— continued.  sec. 

Superintendent  ; duties  ; appointment  ; term ; deputy  538 

County  may  use  house  of  correction 539 

Commitment  of  county  convicts 540 

Conveying  convict  to  house  of  correction,  fees 541 

Application  of  other  laws,  etc 542 

House  of  shelter  for  females 543 

Expenses,  how  paid 544 

United  States  convict 545 

Salary  of  superintendent 547 

Record  of  conduct  of  prisoner 547 

Good  time 547 

Oath  and  bond  of  inspectors 548 

Location  of 1029 

Superintendent  of,  bond,  inspector  of,  duties 1030 

Superintendent’s  authority 1031 

Prisoners  in,  how  kept  and  worked 1032 

Fines,  paid  by  work 1033 

Resistance  by  prisoner,  penalty 1034 

Obstructing  superintendent  on  guard,  penalty 1035 

Mittimus,  delivery  of  to  superintendent  of 1036 

Payment  of  fine,  release  from 1037 

Superintendent  may  receive  fine 1038 

Quarterly  report  of,  by  superintendent 1039 

Other  reports  of  by  superintendent 1040 

House  of  III  Fame  or  Assignation. 

Power  to  suppress cl.  45,  63 

Penalty  for  keeping 1646 

Leasing  house  for,  penalty 1647 

Inmate  of,  penalty 1648 

Enticing  to  enter,  penalty 1649 

Evidence  as  to 1650 

House  Movers. 

House  mover,  license,  penalty 1538 

License  fee,  bond,  conditions 1539 

Iron  stakes  prohibited  on  paved  streets 1540 

May  raise  or  move  house 1221 

House  of  Shelter. 

House  of  correction,  see. 

Hydrants. 

Water  works,  see. 

Power  to  regulate  construction,  repair  and  use cl.  57,  63 

Taking  water  from,  injury  to 2013 

Interference  with,  etc 2014 


Index. 


937 


Ice  House. 

Construction  of 1241 

Ice. 

Permission  to  cut,  penalty 1672 

Impure,  sale  of,  penalty 1673 

Incorporation. 

City,  village,  see. 

Under  general  law,  mode  of 1 

Notice  of  election 2 

Ballot,  result 3 

Contiguous  territory,  how  organized 5 

Indecency. 

Indecent  writing 1634 

Indecent  exhibition  of  animal 1635 

Indecent  exposure,  penalty 1638 

Indecent  play,  penalty 1640 

In  parks 1726 

Identity. 

Organization  under  general  law,  no  change  of 11 

Indictment. 

Pre-requisite  of  penitentiary  sentence p.  15 

Infamous  Crime. 

Conviction  of,  disqualifies  for  office p.  16 


Infectoius  Disease. 

Health,  see. 

Iron  Shutters. 

When  required 1288 

Insane  Person. 

Power  to  prohibit  sale  of  intoxicants  to cl.  48,  63 

Confirmation  of  special  assessments  as  to 154 

Inspection. 

Power  to  provide  for  inspection  of  provisions,  etc cl.  53,  63 

To  provide  for  inspection  of  brick,  lumber,  etc ...  cl.  54,  63 

To  provide  for  inspection  weights  and  measures cl.  55.  63 

For  inspection  of  steam  boilers cl.  67,  63 

Inspectors  of  House  of  Correction. 

House  of  correction,  see. 

Bonds  of 1030 

Inspector  of  Steam  Boilers. 

Office  of  created 'io88 

Appointment,  bond  of 1089 


Index. 


938 

Inspector  of  Steam  Boilers.— continued  sec. 

Qualifications  of 1090 

Monthly  reports  by,  pay  over  fees 1091 

Intinerant  Merchants. 

Power  to  tax,  regulate,  suppress  or  prohibit 65 

Itinerant  merchant’s  license 1541 

Itinerant  merchant  defined 1542 

License  required,  penalty 1543 

License  fee 1544 

.Construction  of  article 1545 

Intoxication. 

Power  to  prevent cl.  59,  63 

Power  to  prohibit  sale  of  liquor  to  drunkard,  etc cl.  48,  63 

Intoxicated  Person. 

Appearance  of,  in  public,  penalty 1632 

Jackass, 

Not  to  run  at  large 251 

Jail. 

Power  of  city  to  use  county cl.  70,  63 

Jenny  Electric  Light  and  Power  Company. 

Proposal  for  lighting 2088 

Acceptance,  conditional 2089 

Public  lighting 2090 

Consideration  for  city  lighting 2091 

Judgment 

Council  authorize  loan  to  pay 102 

Of  city  court,  effect  and  execution  of 336 

Transcript  in  circuit  court 337,  339 

Judicial  Cognizance. 

Taken  of  organization  under  general  law 6 

Of  territorial  change  of  city — 287,  290 

Of  change  of  corporate  name 318 

tudicial  Powers. 

Where  vested p.  18 

Junk  Stores. 

Power  to  tax,  license  and  regulate cl.  95,  63 

Junk  dealers,  must  have  license,  place  of  business 1861 

License  to  how  granted,  fee  for 1862 

Bond  of 1863 

Purchased  by,  prohibited,  when 1864 

Record  of  purchases 1865 

Purchase  from  minors  prohibited, hours  of  business 1866 


Index. 


939 

Junk  Stores.— continued.  sec. 

Removal  of  place  of  business 1867 

License  not  transferable 1868 

Violation  of  ordinance,  penalty 1869 

Jurisdiction. 

Justice,  no  special  law  as  to p.  17 

Police  magistrate,  no  special  law  as  to . . . p.  17 

Of  justice  and  police  magistrate  uniform p.  17 

Territorial,  of  city  council 45 

Territorial,  as  to  suppression  of  disorderly  house cl.  45,  63 

Over  waters 76 

Of  city  as  to  territory  annexed 254-255 

Of  county  court  as  to  annexing  territory 254-255 

Of  circuit  or  county  court  as  to  disputes  on  annexation 261-266 

Of  city  courts 322 

County  court  to  assess  cost  of  improvement 162 

Of  police  magistrate 235-236 

Of  justice  as  to  violation  of  ordinance 74 

Of  police  magistrate  as  to  violation  of  ordinance 74 

Bawdy  house,  jurisdiction  of  in  city cl.  45,  63 

Bridge,  fast  driving  on 307 

Business  offensive  in  city cl.  83,  63 

Cemeteries,  in  city cl.  79,  63.  309 

Eminent  domain,  of  circuit  and  county  courts 503 

Disorderly  houses,  in  city cl.  45,  63 

Fire  escapes,  of  city  over . . . 523 

Health,  of  city 45 

Oils  inspection,  of  justice 607 

Packing  houses,  etc.,  in  cities cl.  81,  63 

Prostitution  on  boats  in  waters  adjoining 76 

Schools,  of  courts  as  to  compulsory  education 709 

Water,  of  city  as  to  pollution  of  supply 752 

Of  United  States,  over  lands  acquired 725 

Of  Illinois  over  same  land 725 

Jurors. 

Fees  of  in  city  court,  how  paid 340 

Jury. 

Ascertain  compensation  for  property  taken  for  public  use p.  16 

Eminent  domain,  jury 502 

Jury  in  vacation 507 

How  impanelled 508 

Oath 509 

View  of  premises,  verdict 510 

Trial  by,  when  demanded 1778 

Fees  of 1 779 


940 


Index. 


SEC. 

Justice  of  the  Peace. 

Jurisdiction  and  duties,  no  special  law  as  to p.  17 

Uniform  with  police  magistrates p.  18 

Election  of p.  17 

In  territory  detached  by  annexation  serve  term 269 

Two  to  assist  in  canvass  of  election  of  officers,  on  organization  of 

territory  as  city 8 

To  assist  in  canvassing  returns  on  election  to  organize  as  city 5 

Assist  in  canvass  of  vote  on  new  organization  of  village 227 

Recognizances  returnable  to  city  court 334 

City  court  has  jurisdiction  of  appeals 333 

May  issue  certiorari  to 333 

Animals,  injury  to  by  railroads  ...  cl.  26,  63 

Bridge,  fast  driving  on 307 

House  of  correction,  commit  tor  imprisonment  to 540 

Ordinances,  violation  of 74 

Oil  inspector,  violation  of  statute 607 

Schools,  as  to  compulsory  attendance 709 

Kite  Flying. 

Power  to  prevent,  etc.,  on  streets cl  92,  63 


In  streets,  prohibited. . . 1964 

Landings  and  Levees. 

When  landings  and  levees  may  be  leased 55° 

What  lands  may  be  leased,  when  lease  shall  take  effect 55 1 

Power  to  protect  from  overflow  of  levees,  etc  ...  552 

Purchase  or  condemnation  of  lands 553 

Notice  to  owner  to  repair 554 

When  city  may  repair,  etc 555 

City,  etc.,  may  enter  to  repair 55^ 

Work  charged  to  party  liable,  lien  therefor 557 

Lien,  how  enforced 558 

Who  may  purchase  at  sale 559 

Emergency,  repairs,  payment,  lien,  defense 560 

Landing  places,  ordinances,  tolls,  grade 561 

Stagnant  water,  abatement  of  nuisance 562 

Liability  of  city  for  damages  for  overflow 563 

Proceedings,  when  land  below  grade 5^4 

Landing  Places. 

Power  to  construct,  repair  and  regulate  use cl.  32-33,  63 

Fix  price  for  use cl.  37,  63 


Obstruction  of,  without  permission,  penalty 1448 

Injury  to,  obstruction  of,  penalty l4S3 


Index. 


94 


SEC. 

Lard. 

Power  to  provide  for  inspection  of cl.  53,  63 

Power  to  regulate  sale  of cl.  50,  63 

Lease. 

By  city  of  landings  and  levees,  condition 551 

Lecture  Room. 

Doors  to  open  outward 630 


Exits  from,  how  provided 1311 

Legislation. 

Special  or  local,  prohibited p.  16 

Exclusive  power  of  United  States  over  land  acquired 725 

Levee. 

Landings  and  levees,  see. 

Power  to  construct,  repair  and  regulate  use  of cl.  32-33,  63 

Libraries,  Public. 

Establishment  of  by  city,  tax,  fund 565 

Appointment  of,  directors 5 66 

Term  of  office,  removal 567 

Vacancies,  compensation 568 

Organization,  power  of  directors,  funds 569 

Who  may  use  library 570 

Report  of  directors 571 

Council  may  fix  penalties 572 

Donations 573 

Power  of  villages,  etc 574 

Directors  in  villages,  etc 575 

Library  association  may  sell,  etc.,  to  public  library 576 

Meeting  and  notice  for  sale 576 

Vote  on  sale 577 

Manner  of  making  conveyance 5 77 

Erecting  building,  tax  levy  . '. 578 

When  erection  may  begin 579 

Plans,  contract,  tax  levy 580 

Rental  of  part 581 

Borrowing  money  for  building  fund  581 

Act  not  to  apply  to  city  of  over  100  000  inhabitants 581 

Free  library  established 1546 

Board  of  directors 1547 

Injuring  book,  penalty „ 1548 

Injuring  furniture,  penalty 1549 

Failure  to  return  book,  penalty 1550 


942 


Index. 


SEC. 

License. 

Council  fix  amount,  terms,  issue  and  revocation  of cl.  4,  63 

Farmer,  etc.,  may  sell  products  without,  .v. 244 

Power  to  license  ferries  and  bridges cl.  87,  63 

Sale  of  spirituous  or  malt  liquors 583,  585,  cl.  46,  63 

Wharf  boats,  tugs,  etc cl.  35,  63 

Hawkers,  peddlers  and  pawnbrokers,  etc cl.  41,  63 

Ordinances,  theatricals,  shows,  etc cl.  41,  63 

Hackmen,  expressmen,  porters,  etc cl.  42,  63 

Runners  for  stages,  etc cl.  43,  63 

Billiard  tables,  etc cl.  44,  63 

Auctioneers,  distillers,  brewers,  etc cl.  91,  63 

Second-hand  and  junk  stores cl.  95,  63 



Comptroller  to  countersign  and  keep  register  of 823 

Mayor  shall  grant,  when 790 

Revocation  of,  by  mayor,  when 790 

For  entertainment,  penalty 1151 

For  entertainment,  terms  of,  fees  for 1152 

For  amusements,  fees  for 1153 

For  amusement,  clerk  to  issue 1154 

Amusement,  issuing  in  discretion  of  mayor 1155 

For  amusement,  prohibition  in,  revocation  of 1156 

For  amusement,  how  taken  out,  penalty 1158 

For  auction  and  auctioneers 1164 

For  auctioneer,  tee  of 1165 

For  billiard  or  pool  table 1171 

For  bagetelle  or  pin  alley 1173 

Fee  for  billiard,  pool,  bagatelle,  or  pin  alley 1174 

For  bill  posting,  required 1175 

Fee  for  bill  posting 1176 

For  boats,  required 1183 

Fee  for  boats 1184 

For  steam  vessels,  required 1189 

Fee  for  steam  vessel 1190 

For  builders  and  contractors,  required 1207 

Fee  for,  for  builders  and  contractors 1209 

For  butchers,  required 1344 

Fee  for  butchers 1345 

Required  for  cabs,  carts,  etc 1349 

Fee  for  cabs,  carts,  etc 1351 

To  carry  concealed  weapon,  fee  for 1376 

For  dogs,  fee  for 1379 

Ferries,  required  to  procure 1419 


Index. 

License.—  continued. 

Boats  kept  for  hire,  fee  for 

For  fish  boat,  required 

Fish  boats,  fee  for 

House  mover,  to  obtain 

Itinerant  merchants,  etc.,  to  .procure 

Itinerate  merchant,  etc.,  fee  for 

By  whom  granted 

Discretion  of  may6r 

How  issued 

License,  term  of 

Bond  ; approval 

Clerk  to  register 

Fees  for  issuing 

Transfer  of  ; how  and  when  ; bond 

License  subject  to  ordinances 

Mayor  may  revoke 

Packers  must  have,  when,  fee 

Required  for  pawnbrokers,  etc 

Fee  for  pawnbroker 

For  peddler 

Fee  for  peddler 

Plumber  or  drain  layer  must  procure 

Fee  for  plumber  or  drain  layer 

Porter  to  procure 

Fee  for  porter 

Hotel  runner  must  procure 

Mayor  may  revoke  porter’s 

Dram  shop  keeper  must  procure 

For  dram  shop,  discretion  of  mayor 

For  dram  shop,  requirements,  bonds 

For  dram  shop,  what  to  contain,  how  transferred 

Fee  for  dram  shop  and  pharmacist 

For  dram  shop,  to  be  posted 

For  dram  shop,  by  whom  issued 

City  clerk  to  report  to  council,  expiration  of  dram  shop 

Scavenger  must  procure 

Fee  for  scavenger 

Day  scavenger  to  have 

Second-hand  dealer  to  have 

Second-hand  dealer,  how  granted,  fee  for 

To  second-hand  dealer,  revokable,  when 

Junk  dealer  to  have 

To  junk  dealers,  how  granted,  fee  for 

Of  second-hand  dealers,  and  keepers  of  junk  shops,  not  transfera- 
ble  


943 

SEC. 

1456 

1457 

1458 
1538 

1541 

1544 

1551 

1551 

1552 

1553 

1554 

1555 

1556 

1557 

1558 
1558 

1583 

1731 

1733 

1748 

1749 

1759 

1760 

1787 

1788 
1791 

1794 

1822 

1823 

1824 

1825 

1826 

1827 

1834 

1835 

1836 

1837 
1848 

1854 

1855 

1860 

1861 

1862 

1868 


Index. 


944 


License. — continued. 

Slaughter  houses  to  have 

For  slaughter  house,  application,  fee  for 

For  slaughter  house,  by  when  granted ...» 

Person  performing  work  in  connection  with  the  water  works  sys- 
tem, must  have 


SEC. 

1902 

1903 

1904 

2015 


Lien. 

Of  water  rates,  etc 753 

For  work  done  by  city  on  private  owner’s  levee 557~558 

Of  judgment  of  city  court 336 

Judgment  confirming  special  assessment 174 

Judgment  for  special  assessment ig2 

Of  special  assessment 191 

Light  Tax 764 


Liquors. 

Spirituous  Liquors,  see. 
Livery  Stable. 


Power  to  tax  and  regulate cl  91,  63 

Locate  and  regulate cl.  82,  63 

Location  of  prohibited,  consent  required 1499 


Loanbroker. 

Pawnbroker,  see. 

Local  Improvements. 

Special  assessments,  see. 

Locomotive  Engine. 
Railroads,  see. 

Lottery. 


Power  to  suppress cl.  4^,  63 


Sale  or  disposal  of  tickets  of,  penalty 1643 

Purchase  of  tickets  of,  with  chance 1645 

Lumber. 

Power  to  regulate  inspection  and  measuring cl.  54.  63 

Lumber  Yard. 

Power  to  tax,  license  and  regulate cl.  91,  63 

To  prohibit  location  within  fire  limits cl.  93,  63 


Index. 


945 


SEC. 

Malicious  Mischief. 

Penalty  for 1675 

Injuring  or  defacing  property 1677 

Malt  Liquor. 

Spirituous  liquor,  see. 

License  to  sell 585 

Penalty  for  selling  other,  under  license 585 

Manufactories. 

Power  to  prevent  dangerous  construction  of  chimney,  etc cl.  63 

Power  to  regulate  and  direct  location  of  offensive cl.  81,  83 


Generating  offensive  gases,  special  permit 1502 

Removal  of  ashes,  etc 1518 

Marine. 

Not  a resident  though  located  here p.  20 

Markets. 

Power  to  establish  and  regulate cl.  49,  63 

Farmer,  fruit  grower,  etc.,  may  sell  products  without  license 244 

Central  market,  location 1559 

Market  days  and  hours 1560 

Sale  of  diseased  live  animal,  penalty 1561 

Animals,  feet  not  to  be  tied  together,  penalty 1562 

Animals,  place  to  confine,  penalty 1563 

Butchers,  slaughtering  at  market,  penalty 1564 

Cleanliness,  penalty 1564-1565 

Market  house,  hitching  animals  to,  penalty 1565 

Scales,  kind  to  be  used,  penalty 1566 

Fruits,  measurements  of,  penalty 1566 

Lunch  counter,  permission,  penalty 1567 

Stands  and  stalls,  regulations  as  to 1568 

Stands  and  stalls,  leasing  of 1568 

Stands,  tenants  must  procure  lease 1569 

Stands,  etc.,  limitation  as  to  number  occupied  by  one  person 1570 

Market  master  ; appointment  of;  term 1571 

Market  master’s  bond 1572 

Duties  ; power  of  arrest 1573 

Cleanliness,  penalty 1574 

Notice  of  closing 1^75 

Sales  after  closing  time,  penalty 1575 

Arrangement  of  articles 1576 

Market  master  ; collections  ; record 1577 

Standard  scales,  false  weights,  penalty 1578 

Market  master,  duties 1579 

61 


Index. 


946 

Markets.— continued.  sec. 

Occupant  of  stall,  space  in  front,  penalty 1580 

Lessees  of  stalls,  comply  with  rules 1581 

Sale  to  boats,  permission 1582 

Packers,  sale  in  less  quantity  than  one  hundred  pounds 1583 

Fish  market,  place  of 1584 

Market  committee,  rules  and  regulations 1585 

Market,  removal  of  articles  from,  penalty 1 586 

Regulations  to  be  enforced 1587 

Live  stock  not  to  stand  on  street 1588 

Stands  for  wood,  coal,  hay  or  straw 1389 

Wagon,  permission  to  stand  in'  front  premises 1590 

Disorderly  conduct,  penalty 1591 

Weighmaster,  appointment,  removal 1592 

Weighmaster  to  give  bond 1593 

Other  scales  prohibited 1594 

Hay,  straw,  coal  or  coke,  weighing 1595 

Price  of  weighing 1596 

Weighmaster,  record 1597 

Weighmaster,  report  to  council 1598 

Weight  of  wagons 1599 

Weighmaster,  price  for  weighing  miscellaneous  articles 1600 

Certificate  of  weight,  purchaser,  penalty 1601 

Sale  without  weighing,  penalty 1602 

Weighmaster,  care  of  scale 1603 

Standard  weight  for  bushel  and  barrel 1604 

Weights,  computation  of 1605 

Fire  wood,  measurement  of 1606 

Wood  wagons,  open 1607 

Measurement  of  wood 1608 

Cord  wood,  computation  of 1609 

Weighmasters,  record  of  wood  measurements 1610 

Purchaser  of  wood,  certificate 1611 

Reports  of  wood  measurements 1612 

Price  for  measuring  wood 1613 

Sale  without  measurement,  penalty 1614 

Certificate,  refusal  to  exhibit,  penalty 1615 

Compensation  of  weighmasters 1616 

Master  in  Chancery. 

Appointment  of  for  city  court 330 

Powers,  duties  and  compensation 330 

Mayor. 

Elective  officer 79 

Chief  executive  of  city 15 

Elected  biennially 52 


Index. 


947 


Mayor.— continued.  sec. 

Qualification  of 15 

Term  of  office 15 

Bond  not  less  than  $3,000 82 

Hold  no  other  office  under  city 87 

Compensation  of 94 

Vacancy,  how  filled 16,  17 

Absence  or  disability,  mayor  pro  tern 18,  39 

Removal  from  city  limits 19 

Preside  at  council  meetings,  with  casting  vote  only 20 

Call  special  meetings  of  council 46 

Veto  power 47 

Removal  of  appointed  officer 21 

Power  to  keep  the  peace 22 

Release  of  violator  of  ordinance 23 

General  duties 24 

Examination  of  books,  etc.,  of  city 25 

Messages  and  recommendations  to  council 26 

Malconduct  or  misfeasance 28 

May  call  out  posse  commitatus  to  suppress  riot 27 

Appoint  revisers  of  ordinances 29 

Appoint  officers  except  aldermen  to  vacancies 81 

Trustee  of  police  and  firemen’s  fund 622 

Sign  warrants  on  police  and  fireman’s  fund 625 

Conservator  of  peace 90 

Use  police  force  to  suppress  riot 92 

Call  out  militia  when .* 27 

May  order  public  building  closed,  when 632 

Inspector  of  house  of  correction 533 

Appoint  inspectors  of  house  of  correction 533 

Superintendent  of  house  of  correction 538 

Appointment  of  library  directors 566 

Removal  of  library  directors 567 

Appoint  oil  inspector 600 

Give  notice  of  election  to  incorporate 2 

Execute  bonds  issued 303 

Sign  all  warrants  on  treasury no 

Bond,  oath  of  office 788 

Duties  of 789 

Licenses,  issuance  and  revocation  by,  discretion 790 

Supervision  of  officers 791 

Officers,  appointment  of ' 792 

Tax  titles,  conveyance  of 793 

Apprehension  of  criminals,  reward 794 

Other  duties  of 795 


Index. 


948 

Mayor. — continued.  sec. 

May  appoint  special  policemen,  when 1012 

Discretion  in  granting  amusement  license 1155 

May  revoke  amusement  license,  when  . . 1156 

May  revoke  license  of  bill  poster,  when * . , 1179 

May  revoke  boat  license,  when 1184 

May  revoke  license  for  steam  vessels,  when 1190 

May  revoke  butcher’s  license,  when 1347 

Appointees  of,  term  of  office 1693 

May.  in  his  discretion  refuse  dram  shop  license 1823 

To  grant  dram  shop  licenses,  when ....  1823 

May  close  saloon  by  proclamation 1831 

May  revoke  pawnbroker’s  license 1746 

May  revoke  porter’s  license,  when 1794 

Meal. 

Power  to  provide  inspection  of cl.  53,  63 

Meat. 

Power  to  provide  inspection  of cl.  53.  63 

To  regulate  sale  of cl.  50,  63 


Sale  of  unwholesome,  prohibited 963 

Offering  for  sale  without  previous  inspection 964 

Hanging  or  conveying  of,  on  streets 1749 

Manner  of  conveying  through  streets 1749 

Medicine. 

Posting  bills  as  to  nostrums 1180 

By  deceptive  name,  penalty 16158 

Medical  Dispensaries. 

Power  to  establish,  erect  and  control cl.  77,  63 

Mendicants. 

Power  to  restrain  and  punish cl.  74,  63 

Merchandise. 

Power  to  inspect,  weigh  and  measure cl.  54,  63 

Meters. 

Tampering  with,  penalty 1683 

Inspection  of,  when  to  be  made 1104 

Notice  of  inspection  to  be  given 1105 

Inspection  of  by  inspector  conclusive 1106 

Fee  for  inspection  of,  when  payable  and  when  to  be  refunded 1107 

Inspector  to  furnish  certificate  of  inspection  of 1108 

Militia. 

Mayor  may  call  out  when . • . • . 27 


Index. 


949 


SEC. 

Milk. 

Power  to  provide  inspection  of cl-  53.  64 

Subject  to  inspection 962 

Sale  of,  from  diseased  cows,  or  cows  fed  on  slop,  swill  or  garbage  963 

Sale  of  adulterated,  penalty 963 

Peddler  of,  must  be  licensed,  penalty 1748 

Prohibited  quality 1754 

What  deemed  to  be  impure ...  1754 

Mills  and  Mill  Races. 

Power  to  authorize  construction  through  streets cl.  88,  63 

Minor. 

Power  to  prevent  sale  or  gilt  of  intoxicant  to cl.  48,  63 

To  prohibit  purchase  from  by  second  hand  and  junk  dealers. cl.  95,  63 
Confirmation  of  special  assessment,  guardian  appointed 154 

Prohibited  from  billiard  or  pool  room 1172 

No  letting  of  boats  to 1187 

Furnishing  fire  arms  to,  penalty 1427 

Prohibited  on  streets  after  9 o’clock,  p.  m 1629 

Pawnbroker  not  to  deal  with 1742 

Not  to  be  employed  in  pawn  shop 1744 

Sale  of  liquor  to,  penalty 1830 

Minority  Representations. 

Submission  to  vote,  when  and  how 54 

Aldermen  under 55 

Aldermen,  when  not  adopted 56 

Misdemeanor. 

Official  bribery,  interest  in  contract 508 

Imprisonment  in  house  of  correction 540 

Burglars’  tools,  possession  of,  penalty 1617 

Assault  and  battery,  penalty 1618 

Loud  or  unusual  noises,  penalty 1619 

Animal,  unusual  noises  by,  penalty 1620 

Challenge  to  fight,  penalty 1621 

Offensive  language,  penalty 1621 

Impersonating  an  officer,  penalty 1622 

Unlawful  assembly,  penalty 1623 

Permitting  unlawful  assembly,  penalty 1624 

Disturbing  religious  worship,  penalty 1625 

Disturbing  lawful  assemblage,  penalty 1626 

Disturbing  funeral  procession,  penalty 1627 

Congregating  in  stairways  and  on  corners,  penalty. 1628 

Minors  prohibited  on  streets  after  9 o’clock  p.m.,  penalty 1629 


Index. 


950 

Misdemeanor.— continued.  sec. 

Throwing  missiles,  penalty 1630 

Molesting  vehicles,  penalty 1631 

Intoxicated  person,  appearance  in  public,  penalty 1632 

Profane  or  obscene  language,  penalty 1633 

Indecent  writing,  penalty . 1634 

Indecent  exhibition  of  animal,  penalty 1635 

Immoral  publication,  penalty 1636 

Sleeping  in  public  place,  penalty 1637 

Indecent  exposure,  penalty 1638 

Bathing  in  river,  penalty 1639 

Indecent  play,  penalty 1640 

Dog  fight,  penalty 1641 

Cruelty  to  animals,  penalty 1642 

Lottery  tickets  and  chances,  penalty 1643 

Inducing  to  bet,  penalty  1644 

Purchase,  chance  included,  penalty 1645 

Keeping  house  of  ill-fame,  penalty 1646 

Leasing  premises  for  immoral  purposes,  penalty 1647 

Inmate  of  house  of  ill  fame,  penalty 1648 

Enticing  to  enter,  penalty 1640 

Evidence,  general  reputation 1650 

Deformed  person,  exposure  of,  penalty 1651 

Birds,  protection  of,  penalty  1652 

Excavation  in  streets,  protection  of,  penalty 1653 

Contractor,  excavation,  protection,  penalty 1654 

Spiked  railings,  penalty 1655 

Streets,  casting  refuse  fruit  into,  penalty 1656 

Throwing  liquid  into  streets,  penalty 1657 

Medicine  by  deceptive  name,  penalty 1658 

Poison,  sale  of,  label,  penalty 1659 

Opium  smoking,  place  for  prohibithd,  penalty 1660 

Cleansing  garments  in  street,  penalty 1661 

Getting  on  cars  in  motion,  penalty 1662 

Turning  hose  on  person  or  property,  penalty 1663 

Public  hall,  means  of  egress,  penalcy 1664 

Hand  bills  on  streets,  penalty 1665 

Street  obstruction,  exhibition,  penalty 1666 

Street  lounging,  penalty 1 667 

Dangerous  animal  on  street,  penalty 1668 

Sleigh  without  bells,  penalty 1669 

Air  gun,  discharge  of,  penalty 1670 

Scaffolds,  security  of,  penalty 1671 

Ice,  permission  to  cut,  penalty 1672 

Impure  ice,  sale  of  penalty 1673 


Index.  951 

Misdemeanor.— continued.  sec. 

Breach  of  peace,  penalty 1674 

Injury  to  property,  penalty 1675 

Trespass,  injury  to  trees,  penalty 1676 

Casting  missiles,  penalty 1677 

Injuring  or  defacing  property,  penalty 1677 

Posting  bills  on  fence  or  building,  penalty 1678 

Injury  to  street  lamp,  penalty 1679 

Injury  to  electric  apparatus,  penalty 1679 

Lamp  posts,  interfering  with,  penalty 1680 

Corner  stone,  tampering  with,  penalty 1681 

Service  lid  or  cup,  injury  to.  penalty 1682 

Meters,  tampering  with,  penalty 1683 

Sods,  digging  of,  penalty 1684 

Grass  plot,  trespassing  upon,  penalty 1685 

Religious  meeting,  disturbing,  penalty 1686 

Disturbing  peace  on  Sunday,  penalty 1687 

Sunday  amusement,  penalty 1688 

Keeping  open  place  of  business  on  Sunday,  penalty 1689 

Keeping  saloon  open  on  Sunday,  penalty 1690 

Vagrancy,  penalty 1691 

Causing  pauper  to  be  charge  on  city,  penalty 1692 

Missiles. 

Throwing  of,  prohibited 1630 

Throwing  in  parks 1724 

Casting,  penalty 1677 

Mob. 

Riot,  see. 

Money  Changer. 

Power  to  tax,  license  and  regulate cl.  91,  63 

Mule. 

Prohibited  from  running  at  large 251 

Power  to  regulate,  restrain  and  prohibit  running  at  large cl.  80 

Municipal  Corporation. 

City,  drainage  and  sewerage,  town,  village,  see. 

May  be  vested  with  to  assess  and  collect  takes p.  21 

Taxes  must  be  uniform 21 

State  not  to  impose  taxes  for 21 

All  property  taxable  to  pay  debts 22 

Private  property  not  to  be  taken  to  pay 22 

Local  improvements  by  special  assessment  or  special  taxation. . p.  21 

No  release  of  obligation  to  state 21 

Indebtedness  limited p.  22 

Defaulter  not  eligible  to  office 22 


952  Index. 

Municipal  Corporation.— continued.  sec 

Not  subscribe  to  or  aid  corporation 23 

City  under  general  law,  general  powers 10 

Special  powers 63 

Murder. 

Not  cognizable  in  city  court 322 

Name. 

Of  place  not  to  be  changed  by  special  law p.  16 

Of  city  under  general  law 10 

Of  village 229 

Power  to  name  streets cl.  23.  63 

Change  of  name  of  city 3 1 3—314 

Duties  of  secretary  of  state 3 1 4—3 1 5 

Petition  for 314 

Time  to  hear  fixed 316 

Hearing  on  petition  and  remonstrance 317 

Ordered,  order  filed  with  secretary  of  state 318 

Rights  saved 319 

When  void 320 

Of  incorporated  town,  etc.,  how 321 

Of  offender,  unknown,  how  designated 1773 

Nitro  Glycerine. 

Power  to  regulate  and  prevent  storage cl.  65,  63 

Non-Resident, 

Notice  of  proceeding  to  condemn  private  property 505 

Noises. 

Power  to  suppress  and  prevent cl.  72,  63 

Loud  and  unusual,  penalty 1619 

Animals  disturbing  peace  and  quiet  by,  penalty 1620 

Notice. 

Judicial  Cognizance,  see. 

Of  term  of  city  court 331 

Mayor  give  of  vote  to  incorporate  under  general  law 2 

Of  election  to  incorporate  prescribed 2 

County  judge  give  of  election  to  incorporate  territory  as  city 5 

Town  to  organize  as  village,  of  election 222 

Of  election  of  officers  on  organization  as  village 228 

Of  election  to  change  from  city  to  village. 238 

Of  hearing  on  petition  to  change  name  of  city 316 

Notice  of  change  of  name  to  secretary  of  state 318 

Of  election  of  aldermen 57 

To  persons  elected  or  appointed  to  office 60 

Of  special  election 62 


Index. 


953 


Notice.— continued.  sec. 

Trustees  of  town  becoming  city,  of  election  of  officers 7 

Of  election  to  adopt  general  school  law  in  lieu  of  special  charter..  680 

Of  election  to  annex  territory 254-255 

Of  election  to  establish  lib^ry 574 

O election,  form  of 354 

Sheriff  or  supervisor  to  post 355 

Primary,  form  of,  etc 477 

To  officer  to  give  additional  or  new  bond 588 

To  erect  fire  escapes 525 

For  bids  on  sale  of  property  by  city 66 1 

Of  proceedings  to  condemn  private  property 505 

Of  special  assessment 167 

Of  hearing  to  confirm  special  assessment 167 

Proof  of,  to  confirm  special  assessment 168 

Notice  of,  too  late  continuance 169 

Collector’s,  of  special  assessment . 177 

By  installments 200 

Of  hearing  of  application  to  locate  horse,  etc.,  railway 530 

County  use  house  of  correction,  contract  published 539 


Of  contagious  disease,  removal,  penalty 946 

Of  removals  from  police  or  fire  departments,  how  given 968 

To  city  attorney  of  pending  suits 987 

Annual,  of  inspection  by  city  sealer 1119 

To  owner  of  impounded  dog 1389 

To  opponent  in  election  contest 1400 

Of  dead  animal,  owner  to  remove 1514 

Of  closing  hour  of  market,  master  to  give 1575 

Of  sale  of  impounded  animals 1811 

Selling  impounded  animals  without  giving 1812 

Of  offensive  privy  vault,  etc  1845 

Of  removal  of  pawnshop,  etc.,  to  mayor 1867 

Of  ordinance,  to  contractors,  etc 1873 

House  mover  to  give  to  Street  Railway  Co.,  when 1942 

Of  obstructions  in  street,  removal  of  1947 

To  unknown  owner  of  personal  property 1954 

To  owner  or  occupant  to  number  building 1980 

Of  street  railway  company,  of  application  to  council  for  franchise.  1985 

Nuisance. 

Health,  see. 

Power  to  declare,  abate  and  impose  fine cl.  75.  63 

Declaration  that  stagnant  water  on  land  is.  - 562 


Health  commissioner  to  enforce  laws,  as  to 944 


Index. 


954 

Nuisance. — continued.  sec. 

Health  commissioner  to  abate 945 

When  blacksmith  shop  becomes 1181 

When  building- is,  penalty 1212 

Dangerous  building  is 1215 

Privy  vaults  when  declared  to  be 1488 

Who  guilty  of  maintaining 1489 

Depositing  dead  animal  in  river 1490 

Throwing  slops,  etc.,  about  premises,  etc.,  penalty 1493 

Keeping  offensive  stable,  etc.,  penalty 1495 

Animal,  etc.,  occasioning 1521 

Building,  etc  , occasioning, 1522 

Offensive  premises 1523 

Business  causing 1524 

Penalty 1525 

Oath. 

Of  civil  officer 18 

Of  officer  of  election 58.  352 

Who  may  administer 353 

Oath  of  qualification  of  voter 375 

Of  witness 376 

Who  may  administer  such  oath 377 

False  swearing  as  to  qualification  of  voter 380 

Of  voter  claiming  registration 429 

Violation  of,  by  judges  or  clerk  at  primary 478 

Of  voter  at  primary 481 

Of  officer  of  house  of  correction 548 

Of  commissioner  of  special  tax  or  special  assessment 164 

Of  juror  on  on  condemnation  of  private  property 509 

Of  deputy  oil  inspector 601 

Mayor  or  city  clerk  may  administer 99 

Claims  against  city  to  be  made  under 816 

Monthly  statements  by  city  officers  to  comptroller,  to  be  made 

under 824 

Monthly  report  by  city  treasurer  to  comptroller  to  be  under. . . . 833 

Annual  report  to  city  council  by  commissioner  of  public  works  to 

be  under 884 

Statement  of  sureties  on  contractors  bonds  to  be  under 879 

Monthly  report  of  engineer  to  city  treasurer  and  comptroller  to  be 

under 912 

City  clerk  to  administer,  on  hearing  before  board  of  police  and  fire 

commissioners 973 

Official  sureties,  to  justify  under 1696 

Obscene  Illustration. 

Posting  of,  penalty 1 1 77 


Index. 


955 

SEC. 

Offal. 

Prevention  of  deposit  on  street cl.  15.  63 

Not  to  fall  on  streets,  etc 1476 

Removal  of,  from  slaughter  houses 1480 

Conveyance  of  butcher’s  refuse,  etc 1483 

Place  containing  not  to  be  opened,  etc 1485 

Deposit  of,  around  or  on  premises,  prohibited 1489 

Polluting  river  with 1490 

Deposit  of  in  streets  prohibited 1509 

Throwing  or  depositing  of,  in  sewer,  etc.,  penalty  1872 

Office. 

Officer,  see. 

Only  resident,  citizen  of  the  United  States,  competent p.  20 

Defaulter  not  eligible p.  22,  86 

Disqualification  for 16 

City  registers  abolished 14 

City  council  may  create  or  discontinue  necessary  officers 80 


Office  Hours. 

Of  city  officers 1702 

Officer. 

Elections,  house  of  correction,  mayor,  and  by  titles  of  office,  see, 

Term  of  office  not  to  be  extended p.  18 

Defaulter  not  eligible P-22,  86 

Elective  officers  named 79 

City  council  may  create  and  discontinue  certain 80 

Mayor  appoint,  with  advice  of  council 81 

Council  prescribe  duties 81 

Oath  of  office 82 

Bond,  conditions 82 

Acknowledgment  of  bonds 588 

When  additional  or  new  bonds  required 588 

Release  of  sureties 589 

Effect  of  new  bond 590 

When  effects  to  be  delivered  to  sureties 591 

Suit  on  bond,  executors 592 

Execution,  lien 593 

Resignation  of  elective 594 

When  office  becomes  vacant 595 

Who  may  determine  when  vacancy  exists 596 

Aldermen  of  cities. 597 

Not  to  be  interested  in  contract 598 

Not  to  act  as  attorney  to  procure 598 


Index. 


956 

Officer.— continued.  sec. 

Bribery 86,  598-599 

Commission  to ; 83 

Delivery  over  to  successor 83 

Qualifications  of 84 

Not  to  be  interested  in  contract  with  city,  etc 85 

Not  to  be  interested  in  tax  sale 85 

Elective  officer  not  to  hold  any  other  office 87 

Duties  of  clerk 88 

Conservators  of  the  peace 90 

Compensation,  how  fixed 94,  96 

Shall  not  be  changed  during  term 96 

Limit  of  compensation  by  appropriation 97 

Malconduct  of  misfeasance,  penalty 28 

Employment  of  alien  by,  on  public  works,  prohibited 245 

Payment  of  public  fund  to  alien  employe  liability 246 

Power  to  establish  relations  between cl.  71,  63 

Elected  or  appointed,  clerk  to  notify 60 

Tie  vote  on  election,  how  determined 59 

Special  election  for,  how  called 61-62 

Oath  or  affimation  of  civil . . 18 

Incorporation  under  general  law,  certain  continue  to  act 3 

Vacancy  of  aldermen  filed  by  elections 33 

Expulsion  of  alderman 36 

Vacancy  in  mayor’s  office  by  moving  from  city 19 

Power  of  mayor  to  remove  appointee  21 

Power  in  council  to  disapprove  removal 21 

Power  of  mayor  to  inspect  records 25 

Organization  of  town  as  city,  election  of 7 

Canvass  of  election  returns,  on 8 

On  organization  under  general  law,  election  of,  term 9 

Judicial,  reside  in  district  of  election p.  19 

Schools,  see. 

Mayor  to  supervise  conduct  of 791 

Appointment  of,  by  mayor,  when 792 

Resisting,  penalty 1019 

Falsely  impersonating,  penalty 1020 

Hindering  at  fire,  penalty 1084 

Appointed  by  mayor,  term  of  office  of 1693 

Bonds  of, .how  executed,  conditions  of 1694 

Justification  of,  sureties  of 1695 

Sureties  of 1696 

Bonds  of,  acknowledgement,  approval 1697 

Salaries  of,  to  be  fixed  annually  by  council 1698 

Fees  of,  established 1700 


Index. 


957 

Officer.—  continued.  sec. 

Special  report  by,  when 1701 

Hours  of 1702 

Violation  of  ordinance  by,  penalty 1703 

Fees  of,  to  be  taxed 1781 

Collection  on  execution  by — 1784 

Official  Paper,  Blanks,  Etc. 

Annual  contracts 1704 

Bids,  letting  contracts 1705 

Award  of  contract 1 706 

Official  journals 1707 

Matter  to  be  printed  in  official  journals 1708 

Blanks  for  officers 1 709 

Bids  for  blanks,  form  of 1710 

Contractor  to  give  bond 1711 

Opium  Smoking. 

Keeping  place  for,  prohibited,  penalty 1660 

Oil  Inspection. 

Appointment  of  inspector,  term,  deputies 600 

Oath,  bond,  suit  on  bond 601 

Duty  of  inspector 602 

Test,  cask  marked,  inspector  not  to  trade  in  oil 603 

Record  kept,  open  to  examination 604 

Penalty  for  misconduct  in  office 605 

Penalties  against  manufacturers  and  dealers 606 

Fines,  how  recovered  and  disposed  of 607 

Office  created 1121 

Appointment  of 1122 

Bond  of 1 123 

Duties  of 1124 

Fees  of  deputies 1125 

Ordinances. 

Power  to  pass  police cl.  66,  63 

Power  to  pass  and  enforce  proper  and  necessary cl.  96,  63 

Yea  and  nay  vote  required,  when 42 

Vacation  of  streets,  three-fourths  vote  required 722 

Sale  of  school  property,  two-thirds  vote  required 42 

Appointment  of  revisers  of 29 

Council  fix  compensation  of  revisers 29 

Approval,  veto,  reconsideration 47-48 

City  may  impose  fines  and  penalties 78 

To  prescribe  the  manner  of  paying  over  fines 72 

Limit  of  fine  or  penalty cl.  96,  63 


Index. 


958 

Ordinances. — continued.  sec. 

Style  of 68 

Publication  of,  when  in  force 69-70 

On  organization  under  general  law,  remain  in  force  until -11 

May  fix  fiscal  year 100 

Annual  appropriation  bill,  when  passed 101,  123 

Levy  of  amount  so  ascertained 125 

Appropriations  of  annexed  territory  included 258 

For  apportionment  of  debt  on  annexation 261 

Ordinance  as  to  dram  shops  remain  in  force  until 271 

Disconnecting  territory 284 

Recording  of  ordinance 289 

Required  to  establish  or  discontinue  city  court 342 

Required  for  sale  of  city  property 660 

Three-fourths  vote  thereon 660 

Contents  of  ordinance  661 

To  build  sidewalk  by  special  tax 716 

Publication  thereof 716 

For  improvements,  prescribe  taxation  or  assessment 143 

Improvement  requiring  taking,  etc.,  property  proceeding  to  ascer- 
tain damage 144,  156 

Improvement  by  general  tax,  cost  in  appropriation  ordinance. . . 157 

By  special  tax,  proceeding  as  by  special  assessment 158 

Contents  of 160 

Payable  in  installments,  ordinance  to  specify 195 

Prescribe  mode  of  keeping  treasurer’s  books 104 

As  to  treasurer’s  deposit  of  funds 108 


Fire  marshal  to  enforce,  as  to  fires 1056 

Superintendent  of  building  to  enforce,  as  to  prevention  of  fires. . . 1140 

Engrossment  of  1712 

Record  of,  proof  of 1713 

Two  penalties,  election 1714 

Minimum  fine  only  expressed 1715 

Repeal  of  repealing  ordinance,  no  revivor 1716 

Words,  now  construed 1717 

Penalty  not  expressed 1718 

Revised  ordinances,  custody  and  distribution 1719 

Repeal,  rights  reserved 1720 

Adoption  of  ordinance,  effect  of 2026 

Ordinaries. 

Power  to  license,  tax,  regulate,  suppress  or  prohibit cl.  41,  3 


Oven. 

Power  to  prevent  dangerous  construction  of 


cl.  63.  63 


Index. 


959 


SEC. 

Packers. 

License  for,  when  required 1583 

Packing  House. 

Power  to  locate  and  regulate cl.  81,  63 

Parks  and  Public  Grounds. 

Power  as  to cl.  7,  63 

Power  of  commissioners  to  acquire  parks  in  city 608 

Of  control  under  act 609 

Reversion,  when 610 

Power  of  city  to  vest  control 61 1 

Pleasure  driveways 728-735 

City  may  lay  out 728 

Power  of  city  to  regulate 730 

Drives  to  parks 731 

Special  assessments  for 732 

Park  commissioners  control 733 

Reversion,  when 734 

City  may  grant  control 735 

Parks  and  public  grounds,  superintendence  of 1721 

Entrance  and  egress 1722 

Animals  prohibited 1723 

Fire  arms,  missiles,  injury  to  property 1724 

Sales,  peddling,  prohibited 1725 

Indecent  words  or  acts 1726 

Fortune  telling  and  gaming  prohibited 1726 

Bill  posting  prohibited 1727 

Grass  not  to  be  trodden  on,  except 1728 

Police,  arrest  of  offender 1729 

Penalty 1730 

Partition  Fences. 

Power  to  regulate cl.  60,  63 

Party  Wall. 

Power  to  regulate cl.  60.  63 

When  may  be  used 1253 

Openings  in,  when,  how  constructed 1254 

Patrol  Wagon. 

Superintendent  of  police  custodian  of 986 

Pauper. 

Causing  to  be  charge  on  city,  penalty 1692 

Pawnbrokers. 

License,  tax,  suppress  or  prohibit cl.  41,  63 


Index. 


960 

Pawnbrokers. — continued.  sec. 

License  required 1731 

Pawnbroker  defined 1732 

License  fees 1733 

Bond : 1734 

Record  of  loans  and  pledges 1735 

Memorandum  of  pledge  to  pledgor 1736 

Police  inspection  of  record 1737 

Prohibited  purchases 1738 

Report  to  police  department 1739 

Redemption  and  removal  of  pledge,  when 1740 

Hours  of  business 1741 

No  pawn  from  minor 1742 

Exclusive  business,  as  to  licensed  place 1743 

Minor  not  to  be  employed 1744 

Prohibited  pledges 1745 

Police  report,  revocation  of  license 1746 

Penalty 1747 

Peddlers. 

License,  tax,  suppress  or  prohibit cl.  41,  63 

Farmers,  etc.,  may  sell  products  without  license 244 


Peddler  defined,  license  required,  penalty 1748 

License  fee 1749 

Vehicle  to  show  name  of  licensee 1750 

Food  inspector,  duty  of 1751 

Entry  on  wagons,  prevention  of  adulteration # 1752 

Unwholesome  food,  penalty 1753 

Milk,  prohibited  quality 1754 

Misrepresentation,  penalty 1755 

Ordinance,  construction  of 1756 

Hawking  on  street,  penalty 1757 

Penalty 1758 

Prohibited  in  parks 1725 


Penalties. 

Fines  and  penalties,  see. 

Proportioned  to  offense p.  15 

May  be  prescribed  for  non-attendance  at  council  meetings 37 

Malconduct  or  misfeasance  of  officer ...  28 

False  certificate  to  municipal  record 522 


Aldermen. 

Non-attendance  of,  subject  to 799 

A uction  and  A uctioneers . 

Unlicensed 1164 

Selling  without  license  by 1166 


Index. 


961 

Penalties.— continued.  sec. 

Sales  on  streets  or  sidewalks  by 1167 

Ambulance , 

Obstructing  right  of  way  of 1526 

Amusements. 

Giving  without  license  for 1151 

A7nusement  Bills . 

For  mutilation  of 1159 

Air  Guns,  Etc. 

(Jse  of 1670 

Animal. 

Depositing  carcass  of 1513 

Failure  of  owner  to  remove  on  notice 1514 

Found  on  lot,  failure  of  owner  to  remove 1515 

Indecent  exhibition  of 1635 

Cruelty  to 1642 

Domestic  running  at  large .* 1796 

Obstructing  taker  of,  running  at  large 1816 

Taking  up  of  to  impound  from  enclosed  ground,  etc 1817 

Assault  and  Battery. 

Committing  of 1618 

Bagatelle  Table. 

Keeping  without  license 1173 

Barb  Wire  Fence. 

Failure  to  remove  on  notice 1170 

Betting. 

Inducing  to 1644 

Blacksmith  Shop. 

Location  of,  permit 1181 

Failure  to  discontinue  business  after  conviction 1182 

Billiard , Pool  Tables , Etc. 

Keeping  without  license 1171 

Suffering  minors  to  play  at 1172 

Bills. 

Posting  on  fence  or  building 1678 

Bill  Posting. 

License  for  required 1175 

Obscene  and  immoral  illustrations 1177 

On  sidewalk,  telegraph,  telephone  poles,  etc 1179 

Of  medical  nostrums  or  skill 1180 

Birds. 

Killing,  wounding,  or  maiming  of 1652 

Births. 

Failure  to  make  return  of 949 


62 


Index. 


962 

Penalties. — continued.  Sec. 

Breach  of  Peace. 

Conduct  tending  to 1674 

Bridges. 

Riding  or  driving  over  faster  than  a walk 1193 

Cattle  or  horses,  drove  on  limited 1194 

Remaining  or  stopping  on 1 195 

Obstructing  passage  over 1197 

Processions  crossing,  break  step 1198 

Injury  to  by  vessels 1202 

Driving  on  draw  of  after  notice 1203 

Boats. 

General  clause 1 191 

Buildings. 

Construction,  alteration  or  repair  of 1211 

Construction,  alteration,  etc.,  of,  failure  to  comply  with  ordin- 
ance   1212 

Erection,  alteration  or  repair  of  without  permit 1213 

Neglect  or  refusal  to  comply  with  order  of  board 1218 

Violating  permits  for  removal  or  raising  of 1225 

Sale  of  imperfect  material  for.. 1235 

Unsafe  flues,  chimneys  and  heating  apparatus  in 1330 

Failure  to  comply  with  provisions  of  article 1342 

Builders  and  Contractors. 

Conducting  business  of  without  license 1207 

Violating  provisions  of  article 1210 

Burglar  s Tools. 

Unlawful  possession  of 1617 

Burials. 

Without  a permit 950 

Butchers. 

Engaging  in  business  of  without  license 1345 

Cabs , Hacks , Express  Wagons , Etc. 

Failure  of  person  licensed  to  place  number  on 1352 

Refusal  of  person  in  charge  of  to  convey  passenger,  etc 1354 

Disorderly  conduct  by  driver 1355 

Failure  to  post  rates  in,  by  person  licensed 1361 

Charging  fee  for  use  of  without  license 1363 

Cars. 

Climbing  upon  or  playing  about  when  in  motion 1662 

City  Officer. 

Falsely  impersonating 1622 

Concealed  Weapons. 

Carrying  of 1373 

Contagious  Disease. 

Tearing  down  notice  of 946 


Index. 


963 

Penalties.— continued.  sec. 

Failure  to  make  report  of 1462 

Person  having  to  keep  off  streets 1463 

Failure  of  physician  attending  to  disinfect  clothes  1464 

Bringing  of  into  city 1465 

Entering  house 1466 

Contractors. 

Violations  of  contracts  by 877 

Corner  Stone. 

Interfering,  changing  or  removing  of 1681 

Deformed  Person. 

Exposure  of  to  public  view 1651 

Depa ? tment  of  Buildings. 

Obstructing  members  of  board 1133 

Department  of  Health. 

Preventing  board  of,  from  entering  premises,  etc 934 

Violating  orders  of 936 

Dogs. 

Failure  to  report  for  registration  and  license 1378 

Killing  of  except  at  pound 1389 

Poisoning  of 1390 

Disturbance  of  on  premises  of  owner 1391 

Removal  of  license  tag  or  muzzle  from 1392 

Allowing  fierce  or  dangerous  to  be  at  large 1393 

Dangerous,  failure  of  owner  to  kill 1394 

Allowing  bitch  in  heat  to  run  at  large 1395 

Disturbing  Peace 1619 

Animals 1620 

Fighting,  challenging  to  fight,  offensive  language 1621 

By  unlawful  assembly 1623 

By  permitting  unlawful  assemblage 1624 

Of  place  of  religious  worship 1625 

Of  lawful  assemblage 1626 

Electric  Lamp , Motor , Etc. 

Using  without  inspection  of 1417 

Injury  to  lamp,  etc 1418 

Ferries. 

Keeping  and  operating  without  license 1419 

Person  in  charge  of,  refusing  to  carry  passenger,  etc 1421 

Charging  higher  rate  than  established  by  council 1423 

Injury  to  boat 1424 

Fire  Arms , Fire  Works , Etc. 

Discharge  of  in  city 1426 

Selling  or  loaning  to  minors 1427 

Discharge  of  cannon  in  city 1429 


Index. 


964 

Penalties. — continued.  sec. 

Fire  Department. 

Person  obstructing 1080 

Hindering  officer  at  fire 1084 

Giving  false  alarm  of  fire 1085 

False  key 1086 

Injury  to  fire  alarm  or  patrol  system 1087 

Flower  Pots. 

Insecure  fastening  of 1430 

Food. 

Unwholesome,  selling,  or  offering  to  sell,  etc 963 

Selling,  or  offering  to  sell  unwholesome 1753 

Food  Inspector. 

Obstruction  of 659 

Fountain. 

Injury  to,  carrying  away  or  polluting  water  in  2018 

Funeral  Procession. 

For  interrupting,  disturbing  or  driving  through 1627 

Gaming. 

Keeping  house  of 1431 

Engaging  in,  etc 1432 

Bringing  or  possessing  devices  of  1433 

Devices  of  on  street 1434 

Visitor,  keeper,  frequenter,  etc.,  house  of 1435 

Seizure  of  implements,  resistance 1436 

Games  of  Chance 164  s 

Garbage. 

Deposit  of 1489 

Grass  Plats. 

Trespassing  upon 1685 

Harbor. 

Refusal  to  obey  order  of  master  to  remove  boat,  etc 1442 

Refusing  to  occupy  place  assigned  by  master 1443 

Obstructing  or  resisting  master  of 1444 

Obstructing  landing  of  without  permission 1448 

Injuring  or  obstructing  landing  of 1453 

Refusal  to  pay  wharfage  in 1454 

Keeping  boat  in  without  license 1456 

Fish  boat  in,  etc 1457 

Hawkers. 

Noise  by  with  horn,  crying  out,  etc.,  on  street 1757 

House  of  Correction. 

Violating  rules  of 1034 

Obstructing  guard,  or  superintendent  of 1035 


Index. 


965 

Penalties. — continued.  sec. 

House  of  III  Fame. 

Keeping  of 1646 

Leasing  premises  for 1647 

Inmates  of 1648 

Enticing  person  to  enter 1649 

House  Mover. 

Engaging  in  business  of  without  license 1538 

Driving  stakes,  etc.,  by  in  improved  streets 1540 

Hose . 

Turning  water  from  upon  person  or  private  premises 1663 

Horses. 

Unlawful  speed  of 1528 

At  intersections  and  corners,  speed  of 1529 

In  or  through  alleys,  speed  of 1530 

Loose  on  streets 1531 

Riding  or  driving  on  sidewalk 1532 

Racing  of  in  street 1533 

Speed  of  on  bridges 1536 

Leaving  of  unfastened 1537 

Driving  of,  to  sleigh,  etc.,  without  bells 1535 

Ice. 

Cutting  without  permit 1672 

Sale  of  impure 1673 

Indecent  Exposure 1638 

Indecent  Play  or  Exhibition 1640 

Indecent  Writing . . 1634 

Itinerant  Merchant  and  Transit  Vendor. 

Engaging  in  business  of,  without  license 1543 

Intoxicated  Persons. 

Appearance  of  in  public 1632 

Junk  Dealers. 

For  violation  of  ordinance  by 1869 

Libray. 

Injury  to  books,  etc.,  of 1 548 

Injury  to  furniture  of 1549 

Failure  to  return  books  of 1550 

Licenses. 

Violating  provisions  of 1156 

Cheat,  fraud  or  misrepresentation  by  persons  having 1755 

Lottery  Tickets , Etc. 

Selling,  etc.,  of 1643 

Market. 

Selling  or  exposing  to  sale  sick  or  diseased  animals  in 1561 


Index. 


966 

Penalties.— continued.  sec. 

Failure  to  remove  animals  confined  in  stalls  at 1563 

Tying  together  feet  of  animals  brought  to 1562 

Slaughtering  at 1564 

Hitching  animals  to,  cleanliness 1565 

Scales,  measures,  etc.,  used  at 1566 

Conducting  lunch  counter  at  without  permit 1567 

Occupying  stands  without  lease 1569 

Failure  of  lessee  to  clean  stand  in 1574 

Sales  in  after  closing  time 1575 

Failure  to  obey  directions  of  master  in  arrangement  of  arti- 
cles, vehicles,  tables,  etc.,  in  or  about 1576 

Use  of  false  weights  or  measures  at 1578 

Occupying  space  in  front  of  stalls  in 1580 

Lessees  of  stalls  in,  refusal  to  obey  orders 1581 

Fish,  a place  assigned  for  sale  of 1584 

Removal  of  articles  from 1586 

Meat . 

Offering  to  sell,  before  inspection 964 

Medicine. 

Sale  or  use  of  by  deceptive  name 1658 

Sale  of  poisonous,  label 1659 

Meters.  - 

Tampering  with  or  changing  of 1683 

Missiles. 

For  throwing  in  public  places 1630 

Nuisances. 

Failure  to  abate  on  notice 945 

Offensive  premises,  keeping  of 1523 

Building  causing 1522 

Business  Causing... 1524 

Officer. 

Resisting 1019 

False  impersonating 1020 

Hackmen,  etc.,  refusal  to  obey  command  of 1021 

Opium  Smoking. 

Keeping  of  or  indulging  in 1660 

Packers. 

Sales  by  in  quantities  of  less  than  one  hundred  pounds 1583 

Paupers. 

Bringing  or  leaving  of  in  city 1692 

Peddlers. 

Selling  without  license 1748 

Pharmacists. 

Selling  or  giving  away  liquor  in  less  quantities  than  one 

gallon 1833 


Index. 


967 

Penalties.— continued  sec. 

Pin  Alleys. 

Keeping  without  license 1173 

Plumbers  and  Drain  Layers. 

Engaging  in  business  without  license 1759 

For  violation  of  ordinance  by 1757 

Policemen. 

Neglect  of  duty  by 1018 

Pool  Selling. 

Renting  booth  or  building  for,  etc 1786 

Pound  Keepers. 

Selling  animal  without  notice 1812 

Interest  in  animal  impounded  or  sold  by 1813 

Porters  or  Runners. 

Failure  to  wear  or  allow  others  to  wear  badge  of 1789 

Engaging  in  business  of  without  license 1787 

Person  not  licensed  as,  wearing  badge  of 1792 

Misconduct  of 1793 

Profane  or  Obscene  Language 1633 

Property. 

Injury  to 1675 

Injury  by  throwing  missile  at  or  agianst 1677 

Publications. 

Selling  or  exposing  for  sale,  immoral 1636 

Public  Buildings. 

Means  of  egress 1664 

Railings. 

Spiked,  prohibited 1655 

Railroads,  Steam. 

Violation  of  ordinance,  as  to  speed .' 1907 

Violation  of  ordinance,  as  to  lights  on  trains  of 1908 

Violation  of  ordinance,  as  to  ringing  bell 1910 

Violation  of  ordinance,  as  to  sign  boards  at  city  limits 1911 

Violation  of  ordinance,  as  to  gates  at  street  crossings 1925 

Violation  of  ordinance,  as  to  pay  of  tenders  for  gates  of 1924 

Violation  of  ordinance,  for  failure  to  conform  tracks  of,  to 

grade 1926 

Railroads,  Street. 

Failure  of,  to  conform  tracks  to  grade 1988 

Violation  of  ordinance  by 1893 

Religious  Meeting. 

Disturbance  of 1686 

River. 

Depositing  offal  in 1460 

Throwing  dead  animal  or  other  offensive  substance  in 1490 


Index. 


968 

Penalties— continued.  sec. 

Bathing  in 1639 

Saloon. 

Concerts  in,  prohibited 1157 

Conducting  without  license 1822 

Failure  to  post  license  for 1827 

Improperly  conducting  place  licensed  as 1828 

Habitual  drunkard,  selling,  giving  or  suffering  to  drink  in 1829 

Suffering  minor  to  loiter  or  remain  in  or  around 1830 

Failure  to  close  upon  proclamation  of  mayor 1831 

Mayor  and  policemen,  right  to  enter 1832 

Scaffolds. 

Insecure  erection  of 1671 

Scales. 

Weighing  articles  on,  except  by  weighmasters 1594 

Hay,  straw,  coal  or  coke  must  be  weighed  on 1595 

Certificate  of  weight  on,  refusal  to  exhibit 1601 

Suffering  or  offering  to  sell  without  weighing  on 1602 

Scavenger , Night. 

Removal  of  night  soil  by 1838 

Engaging  in  business  of,  without  license 1839 

Report  by,  failure  to  make 1841 

Scavenger , Day . 

Engaging  in  business  of,  without  license 1850 

Violation  of  ordinance  by 1850 

Second-Hand  Dealers. 

Failure  of,  to  keep  record 1857 

Purchase  from  minors  by 1858 

Sewers. 

Connecting  with,  without  permit 892 

Interfering  with,  or  breaking  service  lid  of,  etc 1682 

Throwing  offal,  etc.,  in,  breaking,  etc 1872 

Excavating  around,  without  permit 1875 

General  clause 1876 

Sidewalks. 

Appertnres  or  openings  in 1881 

Steps  or  platforms  in 1882 

Use  of  space  beneath,  without  permit 1887 

Open  grating,  vault  or  cellar  door  in 1889 

Permitting  goods,  wares  or  merchandise  to  remain  on 1890 

For  riding  or  driving  upon 1892 

Obstruction  of,  with  coal,  fire-wood,  etc 1893 

Obstruction  of,  by  public  auction 1894 

Obstruction  of,  by  sitting,  standing,  etc.,  on 1895 

For  obstruction  of,  by  awning,  etc 1896 


Index. 


969 

Penalties.— continued.  sec. 

For  conducting  water  from  building  over 1897 

For  obstruction  of,  by  signs,  sign-box,  flag,  etc.,  in 1898 

For  obstruction  of,  with  hitching  post,  etc 1899 

Bicycle  riding  upon 1900 

Slaughter  House. 

For  conduct’ing  business  without  license 1902 

Violation  of  ordinance,  by  licensee 1906 

Sod. 

Digging  of 1684 

Stable. 

Keeping  offensive 1494 

Stairways  and  Street  Corners. 

For  congregating  in,  or  loafing  upon 1628 

Sleeping  in  public  places,  etc 1637 

Steam  Boilers. 

Failure  to  have  inspected 1096 

Engineer’s  negligence 1101 

Penalty 1103 

Streets. 

Throwing  slops,  etc.,  in 1493 

Minors  upon  after  nine  o’clock  p m 1629 

Failure  to  protect  excavations  in 1653 

Contractor’s  excavations  in,  protection .• 1654 

Casting  refuse  fruit  into 1656 

Throwing  liquid  matter  into  1657 

Cleansing  garments,  etc.,  in 1661 

Distribution  of  hand  bills  in. 1665 

Obstruction  of  by  exhibitions  in 1666 

Lounging  in 1667 

Dangerous  animal  on 1668 

Driving' sleigh  or  sled  in  without  bells 1669 

Excavating  in  without  permit 1933 

Violations  of  permit 1940 

Erecting  or  placing  buildings  in 1945 

Failure  to  remove  fence,  porch,  steps,  etc.,  from  . . 1946 

Failure  to  remove  obstructions  in,  after  notice 1947 

Wagons,  carriages,  etc.,  in  without  animal  attached  .........  1948 

Throwing  down  or  removing  obstruction  on  for  purpose  of 

paving  or  repairing 1949 

Throwing  or  depositing  rubbish  in 1952 

Failure  to  remove  building  material,  etc.,  from 1953 

Hitching  horses,  etc.,  to  trees,  public  hydrants,  etc.,  in 1956 

Leaving  horse,  etc.,  unfastened  in 1957 

Fast  riding  or  driving  in 1958 


Index. 


970 

Penalties.—  continued.  sec. 

Driving  cattle  in 1959 

Persons  riding  or  driving  in,  turn  to  right i960 

Obstruction  by  vehicles  stopping  in 1961 

Speed  at  crossings  in 1962 

Throwing  stones,  playing  ball,  etc.,  in 1964 

Hoisting  materials  over 1965 

Forecasting  in 1966 

Gas  light  and  coke  companies  laying  mains  in 1972 

Peoria  water  company  laying  mains  in . 1973 

Laying  pipes  in  without  permit 1975 

Placing  service  pipes  in  on  notice 1976 

Failure  of  owner  to  place  number  on  buildings  on 1980 

Sunday. 

Disturbing  peace  on 1687 

Amusements  on 1688 

Keeping  open  place  of  business  on 1689 

Keeping  open  saloon  on x 1690 

Supermtendent  of  Buildings. 

Refusal  to  obey  orders  of 1138 

Theater. 

Failure  to  take  out  license  for 1158 

Selling  or  giving  away  intoxicating  liquors  in 1160 

Seats  and  passage  ways  of 1161 

Obstructing  lobby  or  entrance  of 1 163 

Trees. 

Injury  to 1676 

Injury  to , 2004 

Vagrancy 1691 

Vaults. 

Keeping  offensive 1488 

Disposition  of  contents 1492 

Filling  of  without  cleansing 1495 

Time  for  opening,  violating  permit 1842 

Keeping  offensive,  after  notice 1845 

Vehicles. 

Molesting,  climbing  upon 1631 

Wagon. 

Standing  of  in  front  of  premises  on  street 1590 

Person  in  charge  of.  disorderly  conduct  by  . 1591 

Weights  a?id  Measures. 

Refusing  to  exhibit,  etc 1112 

Using  without  examination  and  sealing..  1115 

Refusal  of  parties  using,  upon  application  of  sealer,  penalty.  . 1116 
Refusal  to  comply  with  notice  for  annual  inspection 1119 


Index. 


97 


Penalties —continued.  sec. 

Witnesses. 

Failure  to  obey  subpoena,  refusal  to  testify 1410 

Wood. 

Selling  without  measurement  and  procuring  certificate  of 1614 

Refusal  to  exhibit  certificate  of  measurement 1615 

Peoria  Gas  Light  and  Coke  Company. 

Mains  of,  how  to  be  laid  in  streets 1972 

Peoria  Rapid  Transit  Company. 

Grant  of  right,  streets 2092 

Motive  Power 2093 

Poles,  right  to  erect 2094 

Wires,  how  suspended,  poles,  how  set 2095 

Removing  or  breaking  wires,  penalty 2096 

Terms  of  grant 2097 

Removing  snow,  how 2098 

Side  tracks,  how  laid 2099 

Rights  reserved  as  to  public  improvements 2100 

Right  to  grant  use  of  tracks,  compensation 2101 

Rail  used,  guage  of  track 2102 

Vehicles,  right  to  use  tracks,  injury  to,  etc.,  penalty 2103 

Cars 2104 

Running  time  of  cars 2105 

Cars,  numbered,  etc 2106 

Conductors  on  cars 2107 

Damaged  cars,  not  to  be  used 2108 

Rates  of  fare,  tickets 2109 

Cars,  how  stopped 2110 

Right  of  way  sprinkled,  when 21 11 

Franchise  not  assignable,  except,  etc 2112 

Right  of  city  after  nineteen  years 2113 

Condemnation  suits 2114 

Crossing  other  tracks,  who  to  maintain  crossing 2115 

Injuries  resulting  from  exercise  of  right 2116 

Construction  of  ordinance,  acceptance 2117 

Limitation  of  grant,  duties  of  companies  on 2118 

Peoria  Water  Company. 

Mains  of,  how  laid  in  streets 1973 

Perjury. 

Conviction,  disqualifies  for  office p.  16 

Permit. 

For  building,  required 1213 

For  removal  of  building,  required 1222 

For  removal  of  building,  how  granted 1224 


Index. 


972 

Permit. — continued.  sec. 

For  removal  of  building,  fee  for 1224 

For  erection  of  building,  how  and  when  issued 1226 

For  opening  in  party,  or  division  wall 1254 

To  use  space  under  sidewalk 1306 

To  use  street  when  building 1307 

For  wooden  building 1338 

Plans  not  to  be  changed  after 1340 

To  carry  concealed  weapon - 1375 

For  removal  of  night  soil 1839 

Petroleum  and  its  Products. 

Power  to  regulate  and  prevent  storage  of cl.  65,  63 

Building  for  storing,  how  constructed 1291 

Pharmacist. 

License  fee  for,  to  sell  liquor 1826 

Selling  liquor  in  less  quantities  than  a gallon 1833 

Pigeon  Hole. 

Power  to  license,  regulate,  tax  or  prohibit  table cl.  44  63 

Must  be  licensed 1 171 

Pig  Sty. 

Power  to  locate,  cleanse,  or  abate cl.  84,  63 

Pin  Alley. 

License,  regulate,  tax  or  prohibit cl.  44.  63 

Must  be  licensed 1173 

Pipes. 

Gas  and  water,  how  to  be  laid 1968 

Pitch. 

Power  to  regulate  storage  of cl.  65,  63 

Poison. 

Sale  of,  labeling 1659 

Poles. 

Telegraph  and  telephone,  see. 

Plats. 

Laying  out  towns,  etc 612 

Certificate  of  surveyor,  acknowledgement,  record 613 

Dedication,  effect  of 614 

Neglect  to  plant  corner  stone 615 

Penalty  for  selling  without  plat  recorded 616 

Vacation  of  whole  plat 617 

Vacation  of  part  of  plat 618 

Cancelling  plat  of  record 618 

Plats  of  highways,  etc.,  to  be  made  and  recorded 620 


Index. 


973 

SEC. 

Pleasure  Driveways. 

Parks  and  public  grounds,  see. 

Plumbers  and  Drain  Layers. 

License,  penalty 1759 

License  fee,  qualifications 1760 

Application  for  license 1761 

Bond,  condition 1762 

License  posted,  change  of  firm 1763 

License  not  transferable 1764 

Inspection  of  plumber’s  work 1765 

House  plumbing  and  drainage,  inspection  of 1766 

Penalty 1767 

Police. 

Power  to  regulate cl.  66,  63 

Power  to  pass  and  enforce  police  ordinances cl.  66,  63 

To  prescribe  duties  and  powers cl.  66,  63 

Conservators  of  peace 90 

Service  of  process  . . . 90 

District  defined gi 

Powers  of  within  district 92 

Arrest  for  fast  driving  on  bridge 307 

Employed  in  city  annexed  retained  for  enlarged  city 270 

Police  Department. 

Department  established 974 

Superintendent,  office  created,  term  of 975 

Appointment  of 976 

Bond  of 9 77 

Powers  of 978 

Duties  of 979 

Duties  of  at  fires,  nuisances,  etc 980 

Report  of  to  board  of  commissioners,  when 981 

To  have  custody  of  City  Hall,  etc 982 

Detail  police  as  sanitary  officers,  when 983 

Monthly  reports  to  city  council 984 

To  have  records,  etc.,  of  office 985 

Custody  of  patrol  wagon  and  ambulance 986 

To  notify  city  attorney  of  suits,  etc 987 

Annual  estimate  of,  to  comptroller 988 

Uniform  of,  who  to  provide 989 

Captain  of  Police. 

Office  of,  created,  term  of 990 

Appointment  of 991 

Bond  of 992 


Index. 


974 

Police  Department.— continued.  sec. 

Powers  and  duties  of 993 

When  to  act  for  superintendent  of,  powers 994 

Uniform  of,  who  to  provide 995 

Sergeant  of  Police. 

Office  of,  created,  term  of 996 

Appointment  of 997 

Bond  of 998 

Shall  keep  records,  etc 999 

Register  of  arrests,  etc.,  how  kept 1000 

Keep  record  of  complaints  against  policemen,  etc 1001 

Keep  record  of  electric  lights 1002 

To  make  reports,  when 1003 

Uniform  of,  who  to  provide  1004 

Police  Matron. 

Office  of,  created,  term  of 1005 

Appointment  of 1006 

Bond  of 1007 

Duties  of .• 1008 

Messages  by 1009 

Patrohnen. 

How  appointed,  removal  of,  when • 966 

To  be  removed  for  cause  only 967 

Removals  of,  how  made 968 

To  have  right  of  appeal,  when  removal  of,  ordered 969 

Reinstatement  of,  when  authorized  971 

Bond  of 101 1 

Special  policemen,  appointment  of 1012 

Duties  of  policemen 1013 

Powers  of  arrest 1014 

Serving  warrants,  etc 1015 

Assistance  of,  by  bystanders,  refusal,  penalty  for 1016 

Aid  of,  to  fire  department,  how,  when 1017 

Neglect  of  duty  by,  penalty 1018 

Resisting,  penalty 1019 

Falsely  impersonating  penalty 1020 

Commands  of,  etc.,  to  hackmen,  etc.,  penalty 1021 

Uniform  of,  when  and  by  whom  provided 1022 

Uniform,  when  to  be  worn  by 1023 

Policemen. 

Refusal  to  “move  on”  when  ordered  by,  penalty 1163 

May  slay  vicious  dog 1388 

To  seize  gaming  implements 1436 

Right  of,  to  examine  junk  dealers  record 1685 


Index. 


975 

Policemen.— continued.  sec. 

Not  to  retain  witness  fees 1777 

Duty  of  to  impound  animals 1801 

May  enter  saloon,  when 1832 

Duties  of,  as  to  sewers,  drains,  etc 1874 

Railroad 1915 

Railroad,  who  to  pay  salary  of 1916 

Railroad,  who  to  appoint 1917 

Police  and  Firemen’s  Funds. 

How  fund  created 621 

Mayor,  etc.,  trustees  of  fund 622 

Board  to  control  fund  623 

Treasurer  to  give  bond  for  fund : 624 

Warrants  drawn  on  treasurer 625 

Permanent  disability,  death,  annuity 626 

Who  may  obtain  benefit 627 

How  money  paid  out 628 

Repeal 629 

Police  Magistrate. 

Reside  in  district  of  election p.  19 

Jurisdiction,  uniform  with  justice  of  the  peace p.  19 

Election  of p.  19 

May  elect 236 

Give  bond 236 

Term  of 236 

In  territory  detached  by  annexation,  serve  term 269 

Jurisdiction  of  violation  of  ordinances 74 

As  to  compulsory  education 709 

Of  fast  driving  on  bridge 307 

Commit  to  house  of  correction 540 

Appeals  may  be  to  city  court 333 

Certiorari  may  issue  from  city  court 333 


Election  and  term 1768 

Jurisdiction  of 1769 

Amendment  of  complaint .. 1770 

Violation  of  ordinance,  form  of  complaint 1771 

Complaint,  warrant  arrest,  trial 1772 

Offender  unknown,  description  of 1773 

Conviction,  commitment,  limit  of  term 1774 

Form  of  warrant  of  commitment 1775 

Magistrate  and  officer,  procedure 1776 

Police  officer  not  to  retain  fees 1777 

Jury  trial 1778 

Jury  fees,  witness  fees 1779 


Index. 


976 

Police  Magistrate.— continued.  SEC. 

Magistrate’s  fees 1780 

Officer’s  fees  to  be  taxed 1781 

Costs  adjusted  against  city,  when  payable 1782 

Fines  to  be  paid  to  city  treasurer 1783 

Collection  on  execution  by  officer 1784 

Magistrate  to  make  monthly  report  to  council 1785 

Pool  Selling. 

Pool  selling  prohibited,  penalty,  exception 1786 

Porters  and  Runners. 

License,  tax  and  regulate cl.  42,  63 

Must  have  license,  penalty 1787 

Who  may  be  licensed  as,  fee  for  license 1788 

Person  licensed  to  wear  badge,  penalty 1789 

Fees  of  public  porters 1790 

For  hotels,  etc.,  must  be  licensed  and  wear  badge,  penalty 1791 

Person  licensed  as,  permitting  others  not  licensed,  to  wear  badge, 

unlicensed  person  wearing  badge,  penalty 1792 

Misconduct  of 1793 

Mayor  may  revoke  license  of,  when 1794 

Porticos. 

Construction  of  over  building  line 1289 

Postal  Telegraph  and  Cable  Company. 

Permission  to  erect  poles  and  string  wires 2119 

Pound. 

Domestic  animal,  unlawful  to  run  at  large,  penalty 1796 

Pound  keeper,  office  of  created,  appointment  of 1797 

Subject  to  direction  of  superintendent  of  police,  dog  pound 1798 

Poundkeeper  to  give  bond  1799 

Poundkeeper’s  duty 180a 

Duty  of  policemen  as  to  impounding  ...  1801 

Who  may  impound 1802 

Sustenance  for  animal  in,  how  provided 1803 

Fees  for  impounding 1804 

Redemption  of  animal  from 1805 

Proceedings  as  to  impounded  animal 1806 

Proceeding,  unknown  owner,  notice 1807 

Form  of  docket  entry  by  justice 1808 

Trial  by  jury 1809 

Execution  on  judgment,  form  of 1810 

Sale  notice,  form  of 1811 

Adjourning  sale,  sale  without  notice,  penalty 1812 

Purchase  prohibited  by  whom 1813. 


Index. 


977 


Pound.— continued.  sec. 

Proceeds  of  sale 1814 

Breaking  pound,  penalty 1815 

Obstructing  taker  of  animal,  penalty 1816 

Unlawful  taking  of  animal  to  impound,  penalty 1817 

PtJONDKEEPER . 

Poundkeeper  to  keep  books  of  account,  monthly  adjustment 1818 

To  make  monthly  reports,  fees  to  be  paid  over 1819 

Poundkeeper’s  salary,  how  fixed 1820 

Removal  of  poundkeeper.  authority  of  mayor  1821 

To  keep  register  of  impounded  animals 1383 

Notify  owner  of  dog  impounded 1384 

Fees  of,  for  impounding  dogs 1387 

Office  created,  appointment  of 1797 

To  be  under  direction  of  superintendent  of  police 1798 

Bond  of 1799 

Duty  of 1800 

To  provide  sustenance  for  animals  impounded 1803 

Poultry. 

Power  to  provide  for  inspection  of cl.  50,  63 

To  regulate  sales cl.  50,  63 

Offered  for  sale  within  city,  subject  to  inspection 953 

Diseased,  subject  to  seizure  and  condemnation 957 

Powers. 

General,  of  city  under  general  law 10 

Special,  of  council  under  general  law 63 

Prisoners. 

Release  of  violators  of  ordinances 23 

Superintendent  of  police,  custodian  of 1026 

Superintendent  of  police  to  furnish  food,  etc.,  to 1027 

Superintendent  of  house  of  correction  to  keep  and  work 1032 

Fine  of,  how  paid  by  work 1033 

In  house  of  correction,  insubordination  of,  penalty 1034 

Privy. 

Power  to  regulate  location,  cleanse  and  abate cl.  84,  63 

When  may  be  erected  in  fire  limits 1233 

Procession. 

Must  break  step  on  bridge 1 198 

Profane  Language. 

Use  of,  penalty 1633 

Publication. 

Immoral  or  indecent,  penalty 1636 

63 


978  Index. 


SEC. 

Process  (legal). 

Justice  of  the  peace,  see 

Of  city  court,  how  issued,  executed,  etc 336 

Constable  or  sheriff  may  serve  city,  process 75 

Warrant  may  be  served  by  police 90 

Summons  in  eminent  domain 504 

Service  and  publication  thereof 505 

Policeman  may  serve : 1015 

Prostitutes., 

House  of  ill  fame,  see 

Power  to  restrain  and  punish cl.  74,  63 

Provisions. 

Power  to  provide  for  inspection  of cl.  53,  63 

To  regulate  sales cl.  50,  63 

For  sale,  for  human  food,  subject  to  inspection 953 

Seizure  and  condemnation  of  unwholesome,  etc.,  authorized 957 

Sale  of  unwholesome,  unsound  or  damaged,  penalty 963 

Publication. 

Ordinances 69-70 

Terms  of  city  court 331 

Notice  of  change  of  name  of  city 318 

Notice  of  election  to  change  from  city  to  village 238 

Of  village  to  annex  territory 280 

Of  election  to  adopt  general  law 2 

In  eminent  domain  to  non-residents  505 

Of  petition  to  locate  horse  railway 530 

Contract  by  county  for  use  of  house  of  correction 539 

Notice  of  special  assessment 167 

Collector’s  notice  of  judgment  on  special  assessments 177 

Ordinance  to  build  sidewalk  by  special  tax 716 

For  bids  to  construct  water  works 750 

Publications. 

Power  to  prohibit  sale  or  exhibition  of  obscene .cl.  45,  63 

Bringing  into,  exhibition,  selling  or  offering  for  sale  of  immoral  or 

indecent  in  city,  penalty 1636 

Public  Assembly. 

Peaceable,  a right p.  16 

Annoyance  or  interruption,  penalty 1686 

Public  Buildings. 

Power  to  erect  and  care  for cl.  86,  63 

Fire  escapes  to  be  provided  for 523-5 27 


Index. 


979 

Public  Buildings.— continued.  sec. 

Doors  to  open  outwards 630 

Penalty 631 

When  may  be  closed 632 


Aisles  to  be  kept  clear,  penalty 1161 

Stairways  in,  how  constructed 1310 

Exits  from,  number 1311 

Fire  alarm  box  in 1321 

Means  of  egress 1664 

Public  Fountains. 

Injury  to,  carrying  away,  or  polluting  water  in 2018 

Public  Grounds. 

Park  and  public  grounds,  streets,  see. 

Public  Landings. 

Establishment  of 1441 

For  steamboats 1442 

Harbor  master  to  assign  places  at 1443 

Not  to  be  encumbered,  except 1450 

Rates  of  wharfage 1451 

Injury  to,  etc 1453 

Refusal  to  pay  wharfage,  penalty 1454 

Wharfage,  not  chargeable,  when . . 1455 

Pumps. 

Power  to  regulate  construction,  repair  and  use cl.  57,  63 

Punishment. 

Fines,  penalties,  see. 

Quarantine. 

Power  and  jurisdiction  as  to  quarentine 45 

Boats  may  be  compelled  to  perform 933 

Quarreling. 

Power  to  prevent cl.  59,  63 

Quorum. 

Majority  of  aldermen  elective 37 

Railroad,  Aid  and  Other  Bonds. 

Bonds,  municipal,  see. 

Railroads. 

Property  condemned  for,  fee  in  owner  subject  to  use p.  16 

Municipality  not  subscribe  to  or  aid p.  23 

Pre-requisite  of  grant  of  way  on  street cl.  90,  63 

Power  to  provide  for  location,  grade  and  crossings cl.  25,  63 

To  regulate  fencing,  etc.,  and  repair cl.  26,  63 


Railroads. — continued.  sec 

To  extend  street  across  or  sewer  under cl.  89,  63 

Speed  on  street,  regulation  of cl.  21,  63 

Flagman,  power  to  require cl.  27,  63 

Grades,  regulation  of cl.  27,  63 

Ditches,  drains,  sewers,  culverts,  power  as  to cl.  27,  63 

Boards  at  crossing 633 

Bell  at  whistle  at  crossing 634 

Killing  stock,  frightening  team , 635 

Starting  without  signal 636 

Approaches  at  crossings 637 

Neglect  to  make  crossings 638 

When  company  neglects,  authorities  to  construct 639 

Company  to  pay  expenses  and  one  hundred  dollars 640 

Draw  bridge,  railroad  crossing,  etc.,  stop 641 

Penalty 642 

Railroad  crossings  on  same  level,  requirements 643 

City  engineer  to  examine  system,  compensation 644 

Not  to  obstruct  highway 645 

Speed  through  cities,  damages 646 

Flagmen,  shelter 647 

Penalties 648 

Ram. 

Not  to  run  at  large 251 

Receipt. 

Treasurer  to  give  for  money  paid  him 106 

Record. 

Of  comptroller  accounts 820 

Of  permits  for  street  work,  etc 896 

City  engineer  to  keep 906 

Of  evidence,  in  trial  of  fireman 969 

Board  of  police  and  fire  commissioners  to  keep 972 

Superintendent  of  police  to  have  supervision  over 985 

Sergeant  of  police  shall  keep 999 

Of  complaint  against  policemen  to  be  kept 1001 

Of  prisoners,  sergeant  of  police  to  keep 1028 

Fire  marshal  to  keep,  of  employes 1051 

Fire  marshal  shall  keep,  of  fires 1052 

City  electrician  shall  keep 1069 

Of  boiler  inspection  to  be  kept 1094 

Of  weights  and  measures  inspected,  to  be  kept 1117 

To  be  kept  of  buildings  inspected  by  board 1132 

Superintendent  of  buildings  to  keep,  of  all  transactions 1143 

Superintendent  of  buildings  to  keep,  of  fees 1145 


Index. 


981 

Record.— continued.  sec 

City  clerk  to  keep,  of  licensed  dogs 1380 

City  electrician  shall  keep,  of  inspections 1415 

Ordinances 1713 

To  be  kept  by  pawnbroker 1735 

Recording  Law. 

City  register’s  record  incorporated  with  recorder’s 14 

On  organization  under  general  law 13 

Ordinance  disconnecting  territory 289 

Record  of  town  plat  required 614 

Effect  of  recording  plat 614 

Vacation  of  town  plats,  etc 617-619 

Record  of  plats  of  highways 620 

Penalty  for  selling  lots  before  plat  recorded 616 

Consent  to  erect  telegraph  poles  to  be  recorded 740 

Records,  Municipal. 

Incorporation  under  general  laws 3 

Entry  of  organization  under  general  law  recorded 13 

Same  filed  with  secretary  of  state 7 

Town  organized  as  city,  entry  on 7 

Of  territory  annexed,  transferred  to  enlarged  city 267 

Proceedings  of  council,  mode  of 41 

Appropriation  of  money,  shown  on 32 

Council  enter  on  result  of  canvass  of  vote 58 

Of  city  court  disestablished,  transfer  of 342 

Of  house  of  correction,  public 333 

Records  to  be  kept 535~536 

Inspection  of 333 

Proof  of 3 iq 

False  certificate 522 

Mayor’s  power  to  examine 25 

Redemption. 

From  sale  for  special  assessments 181 

Of  certain  animals  running  at  large 233 

Of  dog  from  pound 1383 

Of  impounded  animal,  how 1805 

Registration. 

Election,  see. 

Of  bonds  issued  by  municipality 296 

Dogs  to  be  reported  by  owner  or  keeper  for  1378 

Religious  Worship. 

Disturbing,  penalty 1625 

Disturbing,  penalty 1686 


982  Index. 


SEC. 

Remedy. 

New  given  by  general  incorporation  law  cumulative ; . . 12 

Owner  not  constructing  sidewalk 716 

Rendering  House. 

Power  to  locate  and  regulate cl.  81,  63 


Offensive  odor 1500 

How  conducted 1501 

Report. 

Committee  of  council  to  attach  papers  to 802 

Comptroller  may  require,  when 824 

Refusal  to  make  to  comptroller,  penalty 824 

Of  comptroller  to  city  council 825 

Comptroller’s  annual,  to  council 826 

Publication  of  city  treasurer’s 837 

City  treasurer  to  make  annual 837 

Collector  to  comptroller 843 

Annual  of  commissioners  of  public  works,  when  made 884 

Annual  of  commissioners  of  public  works  to  comptroller 885 

Of  city  engineer 912 

Of  city  attorney,  annual 925 

Of  board  of  health  to  council 938 

Of  commissioner  of  health  to  council 952 

Food  inspector  to  council 961 

Of  superintendent  of  police  to  board 981 

Of  superintendent  of  police  to  council 984 

Of  sergeant  of  police,  when  made 1003 

Of  superintendent  of  house  of  correction 1039 

Of  fire  marshal  to  council 1047 

Of  inspector  of  boilers,  etc 1091 

Of  inspector  of  boiler  to  council 1102 

Of  inspector  of  steam  boilers,  etc.,  to  council 1120 

Of  superintendent  of  buildings  to  council 1149 

Harbor  master  to  council I452 

Of  weighmaster  to  council 1598 

Wood  measurements  by  weighmaster  to  council 1612 

Special,  when  to  be  made 1701 

Pawnbroker  to  report  to  police  department 1739 

Magistrate  to  make,  monthly,  to  council 1785 

Of  poundkeeper  to  comptroller 1819 

Scavenger  to  health  commissioner 1841 

Residence. 


Not  acquired  by  being  stationed  by  soldier,  etc.,  at  station,  etc . . p.  20 


Index. 


983 

SEC. 

Resin. 

Power  to  regulate  and  prevent  storage  of cl.  65,  63 

Revenue. 

Taxation,  see. 

Revised  Ordinances. 

Custody  and  distribution  of 1719 

Repeal  rights  reserved 1720 

Reward. 

Mayor  may  offer,  for  arrest  of  criminal 794 

Riot. 

Power  to  prevent  and  suppress cl.  72,  63 

Police  suppress ’ 92 

Mayor  may  call  out  militia  and  posse,  when 27 

City  liable  for  damages 649 

Action,  how  brought,  judgment 650 

When  entitled  to  recover 651 

Action  by  party  against  rioters,  lien 652 

Action  by  city  against  rioters 653 

Claim  for  damages,  when  action  to  be  brought 654 

When  city  or  county  settles  claim 655 

River. 

Jurisdiction  of  city  over 776 

Power  of  city  to  lease  landings,  etc 550— 55 1 

Depositing  offal,  etc.,  in,  penalty 1460 

Depositing  dead  animal,  etc.,  in,  penalty 1490 

Roads  and  Bridges. 

Extension  and  collection  of  taxes 656 

Road  tax  as  to  city 657 

May  construct  roads  and  bridges  without  limits 658 

Injury  to  bridge,  penalty 307 

Bridges,  see. 

Routs. 

Power  to  prevent  and  suppress cl.  72,  63 

Runners. 

Porters  and  runners,  see. 

Salaries. 

Compensation,  fees  and  salaries,  see. 

Sale  of  Property. 

City  may  sell,  when  and  how 660 

Ordinance  to  be  passed  and  bids  advertised  for 661 

Deeds,  how  made 662 


984  Index. 


SEC. 

Saloon, 

Concert  in,  permit,  penalty 1157 

Keeping  open  on  Sunday,  penalty 1690 

License,  penalty 1822 

Mayor  to  license,  number  and  location  of 1823 

Requirements  before  license  may  issue  for 1824 

License  for,  what  to  contain,  how  transferred 1825 

Term  of  license,  fee  for,  permits  to  pharmacists,  term  of,  fee 1826 

Licensee  to  post  license,  failure  to,  penalty 1827 

Place  licensed,  how  conducted,  penalty 1828 

Selling  to  habitual  drunkards,  penalty 1829 

Selling  to  minors,  when  authorized,  penalty 1830 

Closing  of  by  proclamation  of  mayor,  penalty 1831 

Mayor  and  policemen  may  enter,  penalty 1832 

Pharmacists,  etc.,  selling  less  than  gallon,  penalty 1833 

Pharmacists,  licenses  to,  how  issued,  fee  for 1834 

Expiration  of  license,  clerk  to  report 1835 

Sanitary  Officers. 

Superintendent  of  police  to  detail  policemen  as.  when 983 

Scaffolds. 

Security  of,  penalty.'. ...  1671 

Scavengers  (day). 

Removal  of  garbage,  etc.,  by 1847 

Must  have  license,  fee  for .* 1848 

Bond  to  be  given  by 1849 

Violation  of  ordinances  and  regulations  by,  penalty 1850 

Scavenger  (night). 

Must  be  licensed 1836 

License  fee,  bond  of 1837 

Removal  of  night  soil,  penalty , 1838 

Permit  to  remove  night  soil 1839 

Permit  to,  contents  of 1840 

Monthly  report  by,  penalty 1841 

Time  of  opening  vaults,  removing  of  contents,  penalty . 1842 

Signs  on  wagons  of 1843 

Night  scavengers,  compensation 1844 

Offensive  vault,  notice  to  owner,  work  done  by  city,  expense,  how 

paid,  penalty 1845 

Removal  of  contents  of  vaults  without  license  or  permit,  penalty.  1846 

School  House. 

Doors  to  open  outward 630 

Penalty 631 


Index. 


985 

SEC. 

Schools. 

Apportionment  of  funds 663 

Power  of  directors  66 4 

School  law  applicable  to  cities 665 

Board  of  education 666 

Election  of  president  of  board 667 

Duties  of  president 668 

Election  and  terms  of  members 669 

Notice  of  election 670 

Failure  to  give  notice 671 

Election,  how  conducted 672 

First  election,  to  succeed  directors,  terms  of  office 673 

Power  of  board  of  education 674 

Expenditures  decided  by  yea  and  nay  vote 675 

Power  exercised  only  at  regular  meetings 676 

Titles  in  trustees 677 

Money  held  as  special  fund 678 

Schools  under  special  charter  may  adopt  this  act  679 

Organization  hereinunder  elections 680 

Membership,  eligibility 681 

Organization  of  board 682 

Books,  records,  yea  and  nay  votes ...  683 

Power  of  board  with  consent  of  council 684 

Powers  of  board 685 

Duties  of  board ,..  686 

Powers  of  exercising  only  at  regular  meetings 687 

Title  to  realty  in  trust  in  council 6S8 

Money  a special  fund  subject  to  order  of  board 689 

Expenditures  confined  to  specified  receipts  and  appropriations. . . 690 

Board  exclusively  governs  school 691 

School  officers  converting  funds,  penalty 692 

No  appropriation  for  sectarian  institution 693 

Not  to  be  interested  in  sale  of  books 694 

No  exclusion  for  color 695 

Statute,  how  to  be  construed 696 

Judgment,  how  enforced 697 

School  officers,  no  compensation,  exempt  from  road  labor  and  mil- 
itary duty 698 

Term  of  present  officers ; 699 

School  directors 700 

How  appointed 701 

Organization  of  board,  etc 702 

Certificate  of  tax,  limitation 703 

Election  of  school  directors 704 


Index. 


986 

Schools. — continued.  sec. 

Compulsory  attendance,  penalty 705 

Truant  officer,  duties,  compensation 706 

Evasion  of  act,  penalty 707 

Prosecution 708 

Jurisdiction  of  offenses 709 

Repeal 710 

How  city  may  convey  realty  for  school  purposes 71 1 

When  realty  ceases  to  be  used  for  school  purposes 712 

Trustees  under  special  charter,  rights  of 713 

Repeal 714 

How  city  may  convey  realty  for  school  purposes 715 

Former  Charter. 

Board  of  school  inspectors, body  politic 767 

Inspectors,  qualification,  term,  election,  class 768 

Further  election  provisions 769 

Vacancies,  how  filled 770 

Organization  of  board,  officers 771 

Secretary,  duties,  compensation... 772 

Treasurer,  duties,  settlements,  bond 773 

Meetings,  powers  of  board 774 

Conveyance  of  real  estate 775 

Annual  report,  publication 776 

Compensation  of  treasurer 777 

School  funds,  tax,  limit,  to  whom  paid 778 

School  money,  who  entitled  to 779 

Report  to  state  superintendent. . . . 780 

Colored  schools 781 

Township  trustees  abolished 782 

May  issue  bonds,  limit,  interest,  when  payable 783 

School  taxes,  separate  fund,  to  whom  paid,  surplus ...  784 

How  new  law  may  change  this 785 

Repeal 786 

Seal. 

Of  city,  right  to  change 10 

City  court  may  have  and  alter 323 

Clerk  custodian  of  corporate  seal 88 

Of  municipality  attached  to  bond  issued 303 

Description,  etc.,  of 1851 

Fac  simile  of 1852 

Custody  and  use  of.. 1852 

Sealer  of  Weights  and  Measures. 

See  inspector  of  steam  boilers,  etc. 


Index. 


987 

SEC. 

Seaman. 

Not  a resident,  because  stationed  here p.  20 

Second  Hand  and  Junk  Dealers. 

Tax,  license  and  regulate cl.  95,  63 

Second  hand  dealers,  license  required 1854 

License  to,  how  granted,  fee 1855 

Bonds  of 1856 

Record  of  purchases  by,  penalty 1857 

Minors,  purchase  from  prohibited,  penalty 1858 

Pawnbroker’s  license  not  to  issue  to 1859 

License  of,  revocable i860 

Secretary  of  State. 

Register  organization  of  city 13 

Certificate  on  change  of  name 318 

Duty  to  record  names  of  cities,  etc 315 

Notice  of  proposed  change  of  name 314 

Order  changing  name  of  city  filed 318 

Servant. 

Power  to  prohibit  sale  of  liquor  to cl  48,  63 

Sewerage. 

Drainage  and  sewerage,  see. 

Sewers. 

System,  general  plan  of 1439 

Houses  to  be  connected  with,  when,  how 1473 

Structures  connected  with,  how  to  be  done 1474 

Cesspools,  vaults,  etc.,  connected  with,  how  built 1475 

Sewers  and  Drains. 

Power  to  locate,  cleanse  or  abate cl.  84,  63 

To  construct,  repair  and  regulate cl.  29,  63 

Territory  annexed,  system  continued 273 

Charge  and  control  of 887 

Connections  with,  permit 888 

Unauthorized  connections  with,  penalty 889 

Connections  with,  how  authorized 890 

Connections  with,  rights  reserved  to  city 891 

Connections  with,  commissioner  to  grant  permit 892 

Discharging  steam  into  prohibited 1870 

Kitchen  slops,  water  closets,  water  supply 1871 

Butcher’s  offal,  garbage,  etc.,  injury  to,  penalty 1872 

Street  cleaning,  gutters  to  be  freed,  notice  to  contractors 1873 

Duty  of  police  to  enforce  this  ordinance 1874 

Permit  to  excavate  around,  penalty 1875 


Index. 


988 

Sewers  and  Drains.—  continued,  sec. 

General  penal  clause 1876 

Duty  of  railroad  company  to  build,  when [929 

In  streets,  injury  to,  penalty . 1967 

Sheep. 

Prohibited  running  at  large 251,  253 

Sheriff. 

Serve  process  arrest 75 

Duties  as  to  city  court .' 329 

Shops. 

Buildings,  see. 

Power  to  regulate  use  of  lights  in cl.  65,  63 


Blacksmith,  permit  to  locate • 1181 

Shows. 

Power  to  license,  tax,  regulate,  etc cl.  41,  63 

Amusements,  see. 

Sidewalks. 

Signs,  see. 

Powers  as  to cl.  7,  63 

Use  of  and  space  beneath  regulation  of cl.  14,  63 

Kept  free  from  snow  and  obstructions cl.  14,  63 

May  be  built  by  special  tax 716 

Ordinance  to  so  build,  contents 717 

To  be  published 717 

Owner  not  constructing  procedure 718 

Failure  to  collect  tax,  apply  for  judgment 719-720 

Order  issue  to  owner  of  building 721 


Fire  apparatus  not  to  be  driven  on 1076 

Permit  to  use  space  under 1306 

Leading,  riding  or  driving  horse  on 1532 

spiked  railing  upon,  penalty ; 1655 

Width  of 1877 

Built  under  supervision  of  engineer,  grade  for  penalty  1878 

Plank  walks,  how  built 1880 

How  to  be  built 1879 

Appertures  or  openings  in,  penalty 1881 

Steps,  platform  or  fixtures,  etc.,  in  prohibited,  penalty — 1882 

Dilapidated  or  dangerous  to  be  removed 1883 

Use  of  space  beneath 1884 

Permits,  contents  of,  revocation 1885 

Space  beneath,  where  not  allowed,  fee  for  permit 1886 

Use  of  space  under  without  permit,  penalty 1887 

Use  of  space  under,  prohibited  for 1888 


Index. 


989 

Sidewalks.— continued.  sec. 

Open  grating,  vault  or  cellar  door  in,  penalty.  1889 

Permitting  goods,  wares  or  merchandise  to  remain  on,  penalty.  . . 1890 

Injury  to,  curbing,  gutters,  etc.,  penalty 1891 

Injury  to,  by  riding  or  driving  upon,  penalty 1892 

Obstructing  with  coal,  fire  wood,  etc.,  penalty 1893 

Public  auction  in,  obstruction  of,  penalty 1894 

Obstruction  of  by  standing,  sitting  or  remaining  on.  penalty 1895 

Awnings,  how  suspended  over,  obstruction  by,  penalty 1896 

Conducting  water  from  buildings  over,  penalty 1897 

Signs  and  fixtures  over,  how  placed,  penalty 1898 

Hitching  posts  in,  how  placed,  penalty 1899 

Bicycle  riding,  etc.,  on  prohibited,  penalty 1900 

Removal  of  obstructions  from 1901 

Signs. 

Regulation  On  streets cl.  17-19,  63 

Railroad  at  highway  crossing 633 

Material  and  size  of 1278 

Signs  and  Fixtures. 

* In  street,  how  hung  or  suspended 1898 

Of  steam  railroads 1911 

Slaughter  House. 

Removal  of  blood,  offal,  etc 1480 

Not  to  be  used  for  dwelling  without  permit.  1481 

Floors  of,  how  built,  ventilation  of 1482 

License  for,  penalty 1902 

Application  for  license,  fee  for 1903 

License,  by  whom  granted,  location  of 1904 

Inspection  of 1905 

Penalties 1906 

Sleigh. 

Without  bells,  penalty 1669 

Smoke  House. 

Construction  of 1290 

Snow. 

Sidewalk  to  be  kept  clear  of cl.  14,  63 

Removal  of,  by  street  railway  company,  how cl.  8,  1992 

Soap  Chandlery. 

Power  to  locate  and  regulate .cl.  84,  63 

Soap  Factory. 

Power  to  locate  and  regulate cl.  81,  63 

Permit  for,  required 1498 


990 


Index. 


SEC  . 

Sods. 

Digging  of,  penalty 1684 

Soldier. 

Not  a resident  because  stationed  here p.  20 

Special  Assessment. 

Municipal  improvement  may  be  by p.  21 

Damage  by,  allowed p.  18 

For  local  improvement 142,  211 

F und  to  be  kept  separate 1 1 1 

How  to  be  paid  out hi 

Powers  conferred 142 

Ordinance  to  specify  mode 143 

Property  taken,  provide  for  compensation 145 

Petition  filed  to  ascertain  compensation 145 

Form  of  petition 146 

Summons,  publication,  notice 147 

Hearing,  jury 148 

Jury  ascertain  compensation 149 

Other  parties,  how  made 149 

View  of  premises 150 

Finding 150 

Verdict  and  judgment 151 

New  parties  brought  in,  proceedings 151 

Party’s  interest  ceasing,  proceedings 152 

No  delay  on  question  of  ownership 153 

Ownership  disputed,  deposit  of  compensation 153 

Person  under  disability,  guardian  appointed 154 

Appeal  from  judgment 155 

Amount  of  judgment  deposited 155 

Compensation  paid  or  deposited,  order  for  possession 156 

Bond  given  on  appeal,  order  tor  possession 156 

Improvement  by  general  tax,  cost  added  to  appropriation  bill 157 

Special  tax,  levy,  etc.,  as  for  special  assessment 158 

Special  assessment  proceedings 159,  21 1 

Ordinance,  contents  of 160 

Sidewalk  building,  owner  has  fifteen  days  to  build 160 

Estimate  of  cost,  how  made 161 

When  estimate  approved,  order  for  proceeding  in  court 162 

Petition,  form  of,  etc 163 

Commissioners  to  assess 164 

Oath  of 164 

Duty  of 165 

Assessment  roll,  contents  and  return  of 166 


Ind^x.  991 

Special  Assessment.— continued.  sec. 

Notice  of,  to  persons  interested 167 

Form  of  notice ...  167 

Proof  of  notice 168 

Continuance  when  notice  not  in  time 169 

Objections  may  be  filed 170 

No  objections,  judgment  by  default 170 

Hearing,  jury,  verdict,  judgment 171 

Precedence  of  case 172  . 

Modify,  alter,  annul,  confirm  or  recast 173 

Judgment,  several  and  a lien 174 

Appeal  from 174 

Roll  and  judgment  to  city  clerk 175 

Warrant  to  collect 175 

Form  of  warrant 176 

Collector’s  notice,  form  of 177 

Manner  of  collecting,  entry  of  payment 178 

Delinquent  list  to  county  collector 179 

Application  for  judgment,  defenses 179 

Application  for  judgment  and  sale 180 

Return  of  sale 181 

Redemption  from  sale 181 

Return  of  sale  after  payment,  liability 182 

Paying  over  money,  compensation 183 

General  law  of  state  applies 184 

City  may  buy  at  tax  sale 185 

Annulled,  new  one  to  be  made 186 

Insufficient,  supplemental 187 

New  assessment  against  delinquent 188 

Contracts  payable  from  assessments 189 

Contracts,  how  let  and  approved 190 

Lien  of  special  assessment 191 

Collection  by  suit 192 

Assessments  of  benefits  on  condemnation 193 

Separate  adoption  of  act 194 

Special  assessments  divisible  in  installments 195 

Installments  may  be  paid  before  matured 196 

Payment  for  improvement,  voucher 196 

Interest  on  deferred  payments 197 

Ordinance  to  collect  by  installments 198 

Assessment  roll,  contents  of 199 

Notice,  contents  of 200 

Confirmation  include  all  installments 201 

Warrant  for  collection 202 

Proceedure  for  judgment  on  installment 203 


Index. 


992 

Special  Assessment.—  continued.  sec. 

Payment  for  improvement  made  by  installments 204 

Persons  accepting  vouchers 205 

Surplus  remaining,  notice 205 

Damages  awarded  on  condemnation,  city  may  advance 206 

Assessment  not  yet  confirmed  ’ may 'be  ordered  collected  by  in- 
stallments   207 

Apportionment  of  on  property  subdivided 211 

Property  destroyed,  reduction  or  release  of 140 

Demand  for  assessment,  when  tax  paid 209 

City  may  buy  in  at  sale ...  2ro 

On  annexation  of  territory,  collection  and  use 259 

Street  improvement  not  staged ...  263 

Opening 'Street.not  suspended 264 

Sewerage  and  drainage 273 

Pleasure  driveways 732 

Hydrants,  water  supply,  etc 754 

Payable  in  installments 757 

Commissioners  to  certify  to  council,  when 856 

Special  Ordinances. 

Central  Railway  Co 2027-2051 

East  Bluff  Peoria  Horse  R.  R.  Co 2052-2058 

Ft.  Clark  Horse  Railway  Co 2059-2087 

Jenny  Electric  Light  and  Power  Co 2088-2091 

Peoria  Rapid  Transit  Co 2092-2118 

Postal  Telegraph  and  Cable  Co 2119 

Water  Works 2120-2144 


Special  Taxation. 

Taxation,  special,  see. 
Spirituous  Liquors. 


Power  to  license,  regulate  and  prohibit  sales cl.  46,  63 

Power  to  punish  sale  to  minor,  etc cl.  48,  63 

Jurisdiction  over  sale  of  on  waters 76 

Grant  of  permit  to  druggists cl.  46,  63 

Permits  to  druggists 583- 

Ordinance  of  territory  prohibiting,  in  force  until,  etc 271 

License  to  sell,  grant  of 583 

County  board  not  to  license  sale  in  city 584 

License  to  sell  malt 585 

Violation,  penalty 585 

Form  of  license 586 

Rights  under  may  be  revoked.'. 586 

Saloon  bond,  how  taken  and  sued  on 587 


Traffic  in  amusement  hall 1160 


Index. 


993 


SiC- 

Stable. 

Power  to  locate,  cleanse  and  abate cl.  84.  63 

Regulate  use  of  lights  in cl.  65,  63 


Keeping  offensive,  penalty 1494 

Livery,  location  of,  consent  required 1499 

How  to  be  kept 1504 

Stallion. 

Prohibited  from  running  at  large 25 1 —253 


Permitting  indecent  exhibition  of 1635 

State. 

Aid  to  corporation  prohibited p.  21 

State  Institution. 

Property  of,  not  to  be  taken  for  other  public  use 518 

State’s  Attorney. 

Duties  of  as  to  city  court 329 

Salary  of  in  city  court 345 

Statutes. 

Action  to  recover  penalties 241-243 

Agriculture 244 

Aliens  245-250 

Animals 251-253 

Annexing  and  excluding  territory 254-292 

Bonds,  municipal 293  -304 

Bridges  and  ferries 305-307 

Cemeteries 308-312 

Changing  name 313-32  r 

City  courts 322-345 

Drainage  and  sewerage 346-351 

Elections 352-501 

Eminent  domain 502-5  18 

Evidence 519-522 

Fire  escapes 523-527 

Horse  and  dummy  railroads 528-531 

House  of  correction 532-548 

Insurance 549 

Landing  and  levees 550-564 

Libraries,  public 565-581 

Liquor  law v 582-587 

• Officers 588-599 

Oil  inspection 600-607 

Parks 608-6 1 1 

64 


Index. 


994 

Statutes — continued.  sec. 

Plats 612-620 

Policeman’s  and  fireman’s  funds -...621-229 

Public  buildings 630-632 

Railroads 633-648 

Riot 649-655 

Roads  and  bridges 656-659 

Sale  of  property 660-662 

Schools 663-715 

Streets  . . 716-738 

Telegraph  and  telephone  companies 739-742 

T ownship  organization 743-749 

Waterworks 750-764 

Incorporation  of  cities 1-240 

Steam  Boilers. 

Power  to  provide  inspection  of cl.  67  63 

Power  to  examine  license  and  regulate  persons  in  charge  of 66 

Inspection  of,  test ...  1092 

Inspection  of,  when  out  of  repair 1093 

Certificate  of,  record 1094 

Inspection  fee 1095 

Failure  to  have  boiler  inspected,  penalty 1096 

< Annual  inspection,  duty  of  owner 1097 

Safety  valves  of 1098 

Expense  of  inspection,  who  to  pay 1099 

Try-cocks,  guages,  force  pumps  for 1100 

Engineers  negligence  in  use  of,  penalty 1101 

City  to  provide 'instruments  for  inspection  of,  reports  by 1102 

Penalty  for  violation  of  this  article 1103 

Steam  Engine. 

Prohibited  from  crossing  bridge 1194 

Steam  Railroads. 

Speed  of  trains 1907 

Light  on  trains,  where  placed 1908 

Spark  catcher  on  engine 1909 

Ringingof  bell ...  1910 

Sign  boards  of  at  city  limits 1911 

Violations  of  ordinance,  penalty 1912 

Tracks  of  on  Water  street 1913 

Switching  trains,  etc 1914 

Railroad  policemen,  appointment,  pay  of 1915 

Refusal  of  railroad  company  to  pay 1916 

Who  to  appoint  railroad  policeman 1917 


Index. 


995 

Steam  Railroads.— continued.  sec. 

Refusal  of  railroad  company  to  pay  policemen,  rights  forfeited. . 1918 

Cars  of  on  street  crossings  prohibited 1919 

Cars  of  between  Main  and  Chestnut  streets  prohibited,  except 1920 

Strip  of  land,  etc.,  on  river  side  to  be  reserved 1921 

Gates  at  streets,  etc.,  who  to  erect,  tender  for 1922 

Duty  of  tenders  for  gates  of 1923 

•Street  crossing  not  to  be  obstructed  by  cars  of 1924 

Violation  of  by,  penalty 1925 

Duty  of,  as  to  grades,  drains,  ditches,  sewers,  and  culverts,  penalty  1926 

Notice  to  repairs,  etc.,  crossing,  etc.,  failure,  liability  of 1927 

Duty  of  company  to  pave,  etc.,  when 1928 

Duty  of  as  to  sewers,  culverts,  etc 1929 

Penalty 1930 

Exemption 1931 

Steam  Vessels. 

License  for,  required 1189 

License  fee  for 1190 

Stolen  Property. 

Proceeds  of  unclaimed,  stolen 621 

Superintendent  of  police  to  have  custody  of 985 

Stove. 

Power  to  prevent  dangerous  construction cl.  63,  63 

Street  Railroads. 

Regulations,  restrictions , 1981 

Grant  of  franchise 1982 

Petition  when  street  used  for,  more  than  mile  long 1983 

Grant  of  permit  to,  application  for  how  made 1984 

Applicant  to  give  notice  of  application  for  right,  notice  how 

given 1985 

Proof  of  publication  for  permit,  how  made,  damages, bond  for. . . . 1986 

Control  of  streets  reserved,  police  power 1987 

Tracks  of  in  street,  how  maintained,  noti:e,  penalty 1988 

Drains  and  culverts  under  tracks  of,  space  between,  how  kept 1989 

Duty  of  company  to  pave,  etc.,  when 1990 

F ranchise  for  in  improved  streets 1991 

Rules  and  regulations  of 1992 

Must  comply  with  conditions,  penalty 1993 

Limit  of  grant  to 1994 

Provisions  to  form  part  of  grant,  when 1995 

Streets. 

Power  to  open,  alter,  grade,  improve,  vacate, etc .cl.  7,  63 

Plant  trees  on cl.  8,  63 


Index. 


996 

Streets. — continued.  sec. 

Regulate  use  of cl.  9,  63 

Obstructions  or  encroachments,  prevent cl.  10,  63 

Lighting,  provision  for cl.  11,  63 

Opening  for  gas  and  other  pipes % . cl.  13,  63 

Cleansing cl.  12,  63 

Sidewalks,  use  of  and  space  beneath cl.  14,  63 

Offensive  matter  on,  injury  to,  prevention cl.  15,  63 

Crosswalks,  curbs  and  gutters,  regulation  of cl.  16,  63 

Use  of  for  sign,  etc cl.  17,  63 

Banners,  placards,  etc.,  regulation  of cl.  18,  63 

Flags,  banners,  etc.,  across  streets cl.  19,  63 

Traffic  and  sales  on,  regulation  of  cl.  20,  63 

Animal,  regulation  of  speed  on cl.  21,  63 

Railroad  locomotive,  regulation  of  speed  of cl.  21,  63 

Numbering  of  houses  and  lots,  regulation  of cl.  22,  63 

Name  of,  power  as  to. . cl.  23,  63 

Horse  railway,  power  to  permit,  prohibit  or  regulate cl.  24,  63 

Extend  across  railroad  track cl.  89,  63 

Prevent  hoop  trundling  etc.,  on .cl.  92,  63 

Compel  labor  on  or  commutation 77 

Power  to  create  office  of  superintendent  of  80 

Sidewalks  by  taxation 716 

What  ordinance  may  provide 717 

In  case  owner  fails  to  construct 718 

Special  tax,  duty  of  clerk,  report 719 

General  officer  to,  obtain  judgment 720 

General  laws  govern 720 

When  constructed,  owner  may  obtain  order 721 

Vacation  of  street,  vote  required 722 

Rights  of  adjoining  owners 723 

Right  of  United  States  to  purchase  or  condemn 724 

Jurisdiction,  exemption  from  taxes 725 

Street  or  alley  closed 727 

Pleasure  driveways,  when  established 728 

Power  of  corporate  authorities  to  regulate 730 

Drives  to  public  parks 731 

Taxes,  special  assessments,  etc 732 

Control  thereof 733 

Reversion,  when 734 

City  may  grant  control  to  park  commissioners 735 

Use  by  elevated  railway 7 36 

Pre-requisite  to  grant  of  use  to 736-737 

Use  by  horse  and  dummy  railroad,  consent  essential 53° 

Consent  given,  subject  to  police  power 531 


Index. 


997 


Streets.— continued.  sec 

Annexation  of  territory  not  to  stay  opening  of  street 264 

Flagmen  at  railroad  crossing 647 

City’s  consent  to  erect  telegraph  poles 740 

Poles,  where  placed 741 


Cleaning  of,  who  to  control 866 

Contracts  for  cleaning,  how  let 867 

Cost  of  repairing  deposited,  who  to  estimate  cost 893 

Survey  of,  by  engineer 904 

No  auction  sale  on 1167 

Lounging  on,  penalty 1667 

Barb  wire  fence  on  line  of 1168 

Permit  to  use,  when  building 1307 

Stone  not  to  be  dressed  in 1339 

Gaming  device  on,  penalty 1434 

Garbage,  etc.,  in  prohibited 1476 

Exposure  of  meat  on,  prohibited 1479 

Conveyance  of  offal,  etc.,  through,  time  permitted,  how  done 1483 

Noxious  floating  matters  in  forbidden 1497 

Deposit  of  offal,  etc.,  in  prohibited 1509 

Speed  of  horses  in.  prohibited 1528 

Horses  loose  in.  prohibited 1531 

Racing  in,  prohibited 1533 

Horses  driven  in,  to  sleigh,  etc 1535 

Leaving  horse,  etc.,  in  without  fastening  1537 

Paved,  driving  stakes,  etc.,  in  by  house  mover,  etc.,  prohibited. . . 1540 

Live  stock  standing  on,  prohibited 1588 

Excavation  in,  protection 1653 

Guarding  excavations  in 1654 

Casting  refuse  into 1656 

Throwing  liquid  into 1657 

Cleansing  garments  in,  prohibited 1661 

Obstructing  by  exhibition 1666 

Hawking  on,  prohibited. . . 1757 

Opening  for  plumbing  work,  supervision  of 1765 

Cleaning  of,  gutters  kept  free,  notice  to  contractors 1873 

Cars  on  crossing,  prohibited 1919 

Railroads  to  erect  gates  at  crossing  of 1922 

Duty  of  railroad  company  to  pave,  when  1928 

For  the  public  use 1932 

Injury  to,  excavations  in,  permit,  penalty 1933 

Laying  pipes  in,  etc.,  permit 1934 

Permit  for,  application,  cost  of  repairing 1931; 

Permits,  who  to  issue,  bond 1936 


Index. 


998 

Streets. — continued.  sec. 

Defects  in  by  casualty,  etc  1937 

Building  permits  in 1938 

Permits  in,  who  to  issue 1939 

Permits,  violation  of,  penalty,  forfeiture 1940 

Moving  buildings  in,  petition,  license  to 1941 

Notice  to  street  railway  company 1942 

Signals 1943 

Penalties 1944 

Buildings  in,  etc.,  penalty 1945 

To  be  removed  from,  penalty  1946 

Notice  of  obstructions  in.  failure  to  remove,  penalty 1947 

Wagons,  buggies,  etc.,  in.  where  permitted 1948 

Obstructions  in,  for  repairing,  etc.,  removal  of,  penalty 1949 

Circus  parades  in,  permit  for 1950 

Permit  to  designate  streets,  penalty 1951 

Rubbish  in  prohibited,  penalty 1952 

Building  materials  in.  removal  of,  penalty 1953 

Personal  property  in,  unknown  owner,  notice  and  sale  of 1954 

Throwing  hand-bills,  circulars,  etc.,  in.  prohibited,  penalty 1955 

Shade  trees  in,  hitching  horses  to,  penalty 1956 

Unfastened  horses,  etc.,  in,  penalty 1957 

Fast  riding  or  driving  in.  penalty 1958 

Cattle  in,  drove  limited,  penalty 1959 

Persons  riding  or  driving  in,  turn  to  right,  penalty i960 

Driver  of  vehicles  not  to  obstruct,  penalty 1961 

Speed  at  crossings,  penalty  1962 

Contractor’s  and  teamster’s  wagons  on,  how  constructed 1963 

Throwing  stones,  playing  ball,  etc.,  in,  forbidden,  penalty 1964 

Hoisting  materials,  etc.,  in,  forbidden,  penalty 1965 

Coasting  in  prohibited,  penalty,  mayor  may  authorize 1966 

Sewers  and  culverts  in,  injury  to,  penalty 1967 

Gas  and  water  pipes  in,  how  laid 1968 

Gas  company  to  give  bond  before  laying  pipes  in,  conditions  of. . 1969 

City  council  may  revoke  right  of,  bond  liable,  when 1970 

Where  works  not  to  be  erected 1971 

Peoria  Gas  Light  and  Coke  Company,  mains  how  laid 1972 

Peoria  Water  Company,  mains  how  laid 1973 

Violation  of  two  preceding  sections,  penalty 1974 

Laying  pipes  in  improved  streets,  permit  required,  expense  of  re- 
placing to  be  deposited,  where,  penalty 1975 

Service  pipes  in  improved  streets,  kind  of,  penalty 1976 

Numbering  of  buildings  on,  plan 1977 

Size  of  figures  for  buildings,  where  to  be  placed 1978 

Council  to  appoint  person  to  assign  numbers  for  buildings  in 1979 


Index. 


999 


Streets.— continued.  sec. 

Duty  of  owner  or  occupant  to  number,  notice,  neglect,  penalty. . . 1980 

Control  of,  reserved  to  city 1987 

Duty  of  street  railroad  company  to  pave,  when 1990 

Franchise  to  street  railroad  over  paved,  payment  for  pavement. . 1991 

Trees  in,  how  to  be  trimmed 2003 

Right  to  string  wires  in,  by  whom  authorized., 2019 

Wires,  how  strung  and  extended  in 2020 

Suffrage. 

Who  may  vote  19 

Voter  at  city  election 51 

Election  see. 

Sunday. 

Disturbing  peace  on 1687 

Amusements  on  prohibited 1688 

Keeping  place  of  business  open  on 1689 

Keeping  saloon  open  on 1690 

Superintendent  of  Buildings. 

Office  created,  qualifications,  term  of 1134 

Appointment  and  bond  of 1135 

General  powers  of 1136 

Building  being  constructed,  inspection  by,  penalty 1137 

Buildings  in  course  of  construction,  when  to  be  stopped  by 1138 

Control  of  as  to  elevators 1139 

Enforcement  of  fire  ordinances  by 1140 

Investigation  of  cause  of  fire  by 1141 

Notices,  permits,  fees,  record  of 1142 

Register  of  transactions  to  be  bept  by 1143 

F ees,  amount  of,  when  payable 1 144 

Record  of  fees  received  to  be  kept  by 1 145 

Weekly  accounting  by : . . 1146 

Office  of 1 147 

Salary  of 1148 

Annual  reports  by 1 149 

Disability  of.  substitute  for 1150 

To  grant  building  permits 1213 

Duty  as  to  dangerous  building 1216 

To  grant  permit  for  removal 1224 

To  issue  permits  for  erection,  when 1226 

Disposition  of  imperfect  material 1235 

To  inspect  house  plumbing,  etc 1766 

Superintendent  of  House  of  Correction. 

Appointment  of 538 

Duties  of,  bond  of 1030 


1000 


Index. 


Superintendent  of  House  of  Correction. — continued.  sec. 

Authority  of 1031 

Power  to  arrest  persons  obstructing 1035 

Prisoners,  when  released  by 1037 

May  receive  fine  from  prisoner 1038 

Superintendent  of  Police. 

Trustee  of  police  and  hreman’s  fund 622 

Office  of  created 975 

Appointment  and  term  of 976 

Bond  of. 977 

Powers  of 978 

Duties  of 979 

Report  of  to  board  of  police  and  fire  commissioners 981 

To  have  custody  of  city  hall 982 

To  detail  police  as  sanitary  officers,  when 983 

Monthly  repoit  by.  to  city  council 984 

To  have  general  supervision  of  records,  custody  of  stolen  prop- 
erty, etc 985 

Care  and  custody  of  patrol  and  ambulance  wagons,  horses,  etc  . . 986 

To  notify  city  attorney  of  pending  suits 987 

To  prepare  annual  estimate  for  comptroller 988 

To  wear  uniform,  and  provide  same 989 

To  have  charge  of  city  prison  and  of  persons  committed  thereto  1025 
Superintendent  of  Streets. 

Office  established,  appointment  of,  term 913 

Qualification  of» 914 

Bond  and  oath  of 915 

Duties  of 916 

Supplies. 

To  be  furnished  by  contract cl.  94,  63 

Supreme  Court. 

Appeals  from  city  court  lie  to 339 

Writs  of  error  to  city  courts 339 

Surety. 

On  official  bonds,  release  of  when 589  - 590 

Right  to  effects  of  principal  when 591 

Suit  on  official  bond  against 592 

Execution  on  judgment  against 593 

On  contractors  bonds  to  file  statement  of  financial  responsibility  879 

Qualifications  of,  on  contractor’s  bonds.. 882 

Two  or  more  required  on  official  bonds 1694 

Justification  of,  on  official  bonds 1695 

On  official  bonds,  oath  of 1696 

Acknowledgement  by,  approval  of 1697 


Index. 


iooi 


SEC 

Surveyor. 

Certify  to  town  plats,  additions,  etc  613 

City  engineer,  see. 

Swine. 

Prohibited  running  at  large . 251-253 

Power  as  to cl.  80,  63 

Tallow  CHANDLERy.  ' 

Power  to  locate  and  regulate cl.  81,  63 

To  locate,  cleanse  and  abate cl.  84,  63 

Location  of,  within  one  mile  of  city  limits  prohibited I4q8 

Tanneries. 

Power  to  locate  and  regulate .cl.  81,  63 


Location  of,  where  prohibited 1498 

Tar. 

Power  to  regulate  and  prevent  storage  of cl.  65,  63 

Taxation— State. 

Municipal  property  may  be  exempted p.  21 

No  release  from  or  commutation  of p 21 

Taxation — Municipal. 

Taxes  must  be  uniform p.  21 

No  exemption  except  under  general  law p.  21 

Council  levy  and  collect  for  general  and  special  purposes cl.  3,  63 

County  clerk  extend  on  county  collector’s  books 125 

Officer  not  to  be  interested  in  sale  for 85 

Assessment  and  collection  of 125-141 

Mode  of  levy  and  collection 125 

Limit  of  levy 125 

Cities  collect  as  state  and  county  taxes 126 

Rate  of  taxation 131 

Time  of  paying  over  by  collector 127 

When  tax  levied  for  particular  purpose  included  in  total  assess- 
ment   128 

Uniformity 129 

Proportion  of  tax 132 

Amount,  etc.,  city  may  receive 133 

Certificate  of  rates 134 

Thirty  day  settlements 136 

Rebate  when  property  destroyed 140 

City  may  refund  illegal  taxes 141 

Annual  tax  levy  include  territory  annexed. 258-259 

Collection  of,  not  stayed  by  annexation 259 


1002 


Index. 


Taxation,  Municipal.— continued.  sec. 

Apportionment  of  levy  when  part  annexed 262 

Territory  disconnected,  no  exemption  from 288 

Power  to  improve  by  general 1 57-142 

Ordinance  prescribe  it  when  adopted 143 

Improvement  by  general  tax,  included  in  appropriation 157 

Library  fund,  levy  and  limit 565 

Library  building  fund,  tax  levy  and  limit 578 

Road,  extension  and  collection  of  as  to  city 656 

As  to  city 657 

Sewerage  fund  tax 351 

Water  fund  and  light  tax 764 

Water  supply,  tax  to  meet  contract 761 

Water  works,  levy  and  collection  of 75I_753 

Tax  Titles. 

Conveyance  of,  how  made 793 

Tax  sales,  comptroller  to  attend 822 

Taxation— Special. 

Special  assessment,  see. 

Municipal  improvement  may  be  by p.  21 

Power  to  make  improvements  by 142 

Ordinance  prescribe,  when  system  adopted 143 

Improvement  by,  proceedings  as  by  special  assessment 158 

Levied  in  territory  annexed  to  city,  collection 259 

Sewerage  and  drainage  on  annexation  273 

Sidewalks  may  be  built  by 7:6 

Collection  of  such  tax 719 

Application  for  judgment  thereon 720-721 

Telegraph  and  Telephone  Poles. 

Permission  to  erect 199^ 

Who  to  have  charge  and  control  of 1997 

Plat  of  route  for  erection  of  to  be  submitted 1998 

Where  to  be  placed  ...  1999 

Rights  reserved  to  city 2000 

Theater. 

License  fee  for 1153 

Owner  of,  to  keep  special  police 1162 

Means  of  egress 1292 

Ventilator  over  stage 1317 

Stand  pipe  on  stage I3!& 

Owner  of  to  employ  fireman  I323 

Township  Organization. 

Organizing  territory  of  city  as  a town 743 

Town  in  city 744 

Election  of  officers 745 


Index. 


1003 

Township  Organization.— continued.  sec. 

Powers  exercised  by  council 746 

As  to  officers 747 

May  regulate  number  of  justices  of  the  peace 748 

Council  may  fill  vacancies 749 

Trees. 

Must  be  inside  curb  line 2001 

Where  and  how  placed 2002 

In  streets,  etc  , how  to  be  trimmed 2003 

Injury  to,  penalty 2004 

Wires  not  to  injure 2022 

Tresspass. 

Injury  to  tree,  fence,  etc 1676 

Tug  Boats. 

License,  regulate  and  prohibit cl.  35,  63 

Tunnels. 

Horse  railways,  see. 

Power  to  construct,  repair  and  regulate  use  of cl.  28  63 

Turpentine. 

Power  to  regulate  storage  of cl.  65,  63 

Uniform. 

Superintendent  of  police  to  wear 989 

Captain  of  police  shall  wear 995 

Sergeant  of  police  to  wear 1004 

Policeman  shall  procure 1022 

Policemen  shall  wear 1023 

Fire  marshal  shall  procure  and  wear 1057 

Assistant  fire  marshall  shall  wear 1063 

Firemen  to  procure,  and  wear 1083 

Unlawful  Assemblage. 

Permitting  on  premises,  penalty 1624 

United  States. 

Purchase  or  condemnation  of  land  by 724 

Exemption  from  taxation 725 

Jurisdiction  over  concurrent  with  state 725 

Right  of  exclusive  legislation 725 

Vacation  of  street,  etc.,  for 727 

Use  of  house  of  correction  by 545 

Vagrancy. 

Power  to  restrain  and  punish cl.  74,  63 

Penalty  for 1691 


1004 


Index. 


Vaults. 

Power  to  regulate  construction  and  use 


SEC. 

cl.  57,  63 


Privy  vault,  how  kept,  etc 

Connections  with  sewer,  how 

Connected  with  sewer,  how  to  be  built 

Privy,  when  required,  how  built 

Keeping  offensive  prohibited 

Not  to  be  filled  with  earth  until  cleaned 

Hours  for  emptying 

Contents  to  be  disinfected  before  removal 

Time  of  opening,  removal  of  contents 

Offensive,  notice  to  owner,  of  work  done  by  city,  expense,  how 

paid 

Leaving  open  covering,  etc.,  of 


1470 

1473 

1475 

1487 

1488 

1495 

1496 
1505 
1842 

1845 

1889 


Vegetables. 

Power  to  provide  inspection  of cl.  53,  63 

To  regulate  sales  of cl.  50.  63 

Vehicles. 

Carrying  offal,  disinfection  of 1507 

For  carrying  offal,  construction  of 1508 

On  streets,  in,  persons  turn  to  right i960 

Not  to  obstruct  streets  by  stopping,  etc 1961 


V enue. 

Change  of  venue,  see. 

Veto.* 

Power,  how  exercised,  etc 47-48 


Viaduct. 

Power  to  construct,  repair  and  regulate  use  of cl.  28,  63 


Engineer  to  control  construction  of 909 

V ine  Grower. 

May  sell  products  without  license 244 

Vital  Statistics. 

Commissioner  to  keep  register  of 948 

Reports  of  to  commissioner 949 

Burial  permit 95° 

Application  for  burial  permit 95 1 

Statement  of  to  county  clerk 952 

Wagon. 

Of  scavenger,  to  bear  sign j843 

Contractor  and  teamster,  how  to  be  constructed 1963 


Index. 


1005 

SEC. 

Wards. 

City  council,  prescribe  boundaries 522-572 

Ward  Boundaries. 

First  ward 2005 

Second  ward 2006 

Third  ward 2007 

Fourth  ward 2008 

Fifth  ward 2009 

Sixth  ward 2010 

Seventh  ward 2011 

Warrants. 

Record  of 817 

By  whom  to  be  signed 817 

On  exhausted  fund,  prohibited 818 

City  treasurer  to  register  and  cancel,  when 834 

Policeman  may  serve 1015 

To  issue  on  sworn  complaint 1772 

Of  commitment,  form  of 1775 

Warrant — Criminal. 

Ordinances,  see. 

Police  may  serve 90 

Warrant — Treasury. 

On  treasurer,  when  drawn 123-124 

How  drawn no 

On  police  and  firemen’s  funds,  how  drawn 625 

To  collect  special  assessments,  city  clerk  issue 176 

By  installments 202 

Treasurer  register  and  report  those  paid 107 

Payment  only  on  warrant no 

Water. 

Jurisdiction  of  city  as  to  polution  of  supply 752 

Water  Course. 

Power  to  cleanse,  etc cl.  40,  63 

To  change  channel,  deepen,  widen,  etc cl.  30,  63 

Water  Craft. 

Regulation  of  anchorage,  moorage  and  landing cl.  34,  63 

Power  to  fix  dockage  for cl.  37,  63 

Water  Works. 

Power  to  supply  water,  letting  contract , 750 

Borrowed  money,  tax 751 

Acquisition  of  property  for  works 752 

Rules,  tax,  assessment,  lien 753 


1006  Index. 

Water  Works.— continued.  SEC- 

Special  assessment 7-4 

Separate  fund 755 

When  not  to  apply 756 

Bonds,  assessments  payable  in  installments 757 

When  installments  payable,  interest 758 

Statute  applies  to  assessments  already  ordered 759 

Power  to  contract  for  water 760 

Tax 761 

Power  to  secure  supply.. 762 

Powers  of  board  to  raise  money 763 

Water  fund  and  light  tax 764 

Part  annexed,  use  of  water  works 265 

Proposition  for  sale  of  water  works 2120 

Secureties 2121 

System,  completion  of 2122 

Streets,  use  of 2123 

System 2124 

Supply 2125 

Storage.. . 2126 

Pumping  station 2127 

Pumping  machinery 2128 

Pipe  distribution 2129 

Reservoirs 2130 

Responsibility  and  care 2131 

Local  labor 2132 

Tests  and  acceptance . 2133 

Rules,  regulations  and  rates 2134 

Table  of  water  rates 2135 

Option  of  city  to  purchase 2136 

Water  for  fire  protection,  payment  how  made 2137 

Free  water  for  what  institutions  and  purposes 2138 

Distributing  pipes  of,  reserved  to  city 2139 

Ordinance,  when  binding  on  city  as  contract 2140 

Assignment  and  incorporation 2141 

Execution  of  contract 2142 

Ordinance,  interpretation  of 2143 

Ordinance,  when  to  take  effect,  repeal 2144 

Subject  to  provisions  of  ordinance  for 2012 

Taking  water  from  or  injury  to  hydrants  of 2013 

Interference  with  hydrants,  stop-cocks,  etc.,  of 2014 

Connections  with,  persons  performing  work  to  be  licensed 2015 

Interfering  with  service  pipes,  mains,  etc.,  of 2016 

Wrenches,  etc.  of,  furnished  fire  department  not  co  be  used  except  2017 
Public  fountains,  injury  to,  poluting  water  in,  penalty 2018 


Index.  1007 

SEC. 

Weights  and  Measures. 

Power  to  inspect  and  seal cl.  55,  63 

To  enforce  keeping  of  true cl.  56,  63 

To  tax,  license  and  regulate  public cl.  91,  63 


Sealer  of  weights  and  measures 1109 

Standard  of mo 

Who  to  provide  standard mi 

Inspection  of  weights,  etc.,  refusal  to  allow,  penalty 1112 

Weights,  etc.,  when  to  be  condemned,  use  of  forbidden 1113 

Fees  of  inspector  for  inspection  of 1114 

Use  of  without  test,  penalty 1115 

Examination  of,  refusal  of  owner  to  allow,  penalty 1116 

Register  to  be  kept 1117 

Duty  of  inspector  to  search  for  false,  power  to  arrest 1118 

Annual  notice  of  inspection  of,  how  given,  failure  to  comply  with 

by  owner,  penalty 1 1 19 

Monthly  report,  pay  over  fees,  inspector’s  office,  compensation  of 

inspector  for  inspections  of 1120 

Fire  wood,  measurement  of 1606 

Cord  of  wood,  computation  of 1609 

Certificate  of,  how  disposed  of 1611 

Sale  of  article  without  being  measured 1614 

Refusal  to  exhibit  certificate,  penalty 1615 

Weighmaster. 

Report  of  to  city  council 1538 

Appointment,  removal  of 1592 

To  give  bond ... . 1593 

To  give  certificate  on  loads  weighed 1595 

Fees  of,  for  weighing 1596 

To  keep  record,  how  kept 1597 

Report  to  council 1598 

Duty  of,  to  weigh  wagon,  etc 1599 

Fees  of  for  weighing  other  loads  than  hay,  etc 1600 

Certificate  of  weight  by,  to  purchaser 1601 

Care  of  scales 1603 

To  keep  record  of  wood  measurements 1610 

Certificate  of,  purchaser  of  wood,  etc.,  to  destroy 1611 

Measuring  wood,  etc.,  fees  of 1613 

Compensation  of 1616 

Wharf. 

Power  as  to cl.  7,  63 

To  construct,  repair  and  regulate cl.  32-33, 


ioo8 


Index. 


Wharf. — continued.  sec 

Licensing,  regulation  or  prohibiting  of  wharf  boats,  etc cl.  35,  63, 

Power  to  fix  wharfage cl.  36,  63 

Location  of 1441 

Freight  on,  how  long  may  remain 145a 

Rates  for  wharfage 1451 

Refusal  to  pay  wharfage,  penalty 1454 

Wharfage  not  chargeable,  when  river  frozen 1455 

Wharf  boat,  license  required  for 1456 

Wires. 

Right  to  string,  etc  , given  by  ordinance  only 2019 

How  strung  and  extended 2020 

Police  alarm  and  telegraph  system  of.  protection  of 2021 

Not  to  interfere  with  other  wires  or  trees 2022 

How  to  be  fastened 2023 

Owner  must  remove,  when 2024 

Penalty 2025 

Witness. 

Fees  of 1779 

Wood. 

Stands  for  wagons,  etc 1589 

Wagons  containing,  to  be  open 1607 

Measurement  of 1608 

Cord  of,  computation  of ! 1609 

Record  of  wood  measurement 1610 

Certificates  of  measurements  of,  disposition  of 1611 

Report  to  council  of  wood  measurements 1612 

Price  for  measuring 1613 

Sale  of,  without  measurement,  penalty 1614 

Work  House. 

House  of  correction,  see. 

Writ. 

How  executed  by  officer 1776 


I 


